[Skip to Content]
Access to paid content on this site is currently suspended due to excessive activity being detected from your IP address 50.16.113.179. Please contact the publisher to request reinstatement.
[Skip to Content Landing]
Commentary
August 17, 2005

Medical Marijuana, American Federalism, and the Supreme Court

Author Affiliations
 

Author Affiliation: Georgetown Law Center, Washington, DC.

JAMA. 2005;294(7):842-844. doi:10.1001/jama.294.7.842

In Gonzalez v Raich, the US Supreme Court held that federal law enforcement authorities could criminally prosecute patients for possessing marijuana prescribed by a physician in accordance with state law.1 The Court did not overturn state medical marijuana laws but did open the door to criminal prosecution under federal drug statutes. The Court also did not foreclose future challenges to federal enforcement on other constitutional grounds (eg, an unwarranted invasion of patient-physician privacy).

First Page Preview View Large
First page PDF preview
First page PDF preview
×