Pubdate: Mon, 22 Nov 2004
Source: Time Magazine (US)
Copyright: 2004 Time Inc
Contact:  http://www.time.com/time/
Details: http://www.mapinc.org/media/451
Author: Margot Roosevelt
Note: The Court Documents are at 
http://www.angeljustice.org/article.php?list=type&type=11
Cited: Raich v. Ashcroft http://www.angeljustice.org/
Bookmark: http://www.mapinc.org/people/Angel+Raich (Angel Raich)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

RED STATES WEIGH IN AS THE COURT GOES TO POT

The penalty for smoking pot in Alabama is up to 99 years in prison. But 
that hasn't stopped the Cotton State -- along with Mississippi and Georgia 
- -- from siding with California in its battle to keep medical marijuana 
legal. All three filed briefs supporting Left Coast medipot users before 
the U.S. Supreme Court, which will hear arguments on Nov. 29 on whether 
patients can cultivate and possess physician-prescribed cannabis. "We 
happen to believe California's medical-marijuana policy is misguided," says 
Alabama solicitor general Kevin Newsom. "But this isn't about the drug war. 
It's about states' rights."

Besides California, 10 states have legalized medical marijuana since 1996. 
Nonetheless, federal drug busters have waged an eight-year battle against 
medipot, closing down cannabis clubs and prosecuting users. The case now 
before the Justices, Ashcroft v. Raich, involves two California women with 
chronic ailments. State lawyers contend the feds have no say over the 
women's pot use, since no money changed hands and the drug didn't cross 
state lines. For a court that has expanded states' rights, often to the 
dismay of liberals, the case is tricky. "Federalism isn't just for 
conservatives," says Boston University law professor Randy Bennett, who 
will present the oral arguments for California. "It means allowing states 
to experiment with social policies beyond the reach of Congress." Who says 
red and blue states can't get along?
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MAP posted-by: Richard Lake