A Supreme Court ruling means state laws allowing medical use of marijuana don't protect sick people from federal prosecution. It's illegal in Arkansas.
In a 6-3 ruling Monday morning, justices found users can be prosecuted under a federal ban on the drug, even if used under a doctor's order. Writing for the majority, Justice John Paul Stevens said Congress can change the law to allow medical use of the drug.
The decision is a defeat for the drug's advocates, who have successfully passed medical marijuana laws in 10 states. The Bush administration had appealed a case it lost in 2003.
The issue being decided was whether it was constitutional to prosecute medical marijuana users under the federal Controlled Substances Act. Under the Constitution, Congress can pass laws to regulate states' economic activity as long as "interstate commerce" is involved. The California marijuana in this case was homegrown, distributed to patients for free and didn't cross state borders.
In a dissent, Justice Sandra Day O'Connor said state powers "have always included authority to define criminal law and to protect the health, safety, and welfare" of citizens.
(Copyright 2005 by The Associated Press. All Rights Reserved.)
Monika Rued, Web Producer
Created: 6/6/2005 12:08:54 PM
Updated: 6/6/2005 12:30:24 PM
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