Right to Grow Pot Is Like a Right to Be Uninsured
Posted on: February 3, 2010No comments yet
Dec. 2 (Bloomberg) — Angel Raich’s doctor swore under oath that her life depended on her getting marijuana. A caregiver was growing it for her in California, which legalized it for medicinal use.
Too bad, the U.S. Supreme Court ruled. Congress outlawed marijuana and can do so under its constitutional powers to regulate interstate commerce, the justices held.
What, you may ask, do a few plants for a sick woman’s comfort have to do with interstate commerce?
The Supreme Court saw little difference between her and Ohio farmer Roscoe Filburn, who grew more wheat to feed his chickens and other livestock than Washington allowed under a 1938 agricultural program.
The grain never crossed his property line much less a state line. The Supreme Court in 1942 said it could still be linked to interstate commerce, if you thought about it hard enough. So it, too, was subject to federal regulation, the court said.
