San Francisco, CA: The Ninth Circuit Court of Appeals ruled 2-1 this week that federal prosecution of patients who possess and cultivate marijuana for their own medicinal use is an unconstitutional exercise of Congress' Commerce Clause authority. As a result, the court ordered a preliminary injunction barring the Justice Department from arresting the plaintiffs - California medical marijuana patients Angel Raich and Diane Monson - for violating the Controlled Substances Act.

"As applied to the limited class of activities presented by this case, ... the cultivation, possession and use of marijuana for medicinal purposes and not for exchange or distribution is not properly characterized as commercial or economic activity," as defined by the CSA, a majority of the court determined. "This conclusion, coupled with the public interest considerations and the burden faced by the appellants if, contrary to California law, they are denied access to medicinal marijuana, warrants the entry of a preliminary injunction."

NORML Executive Director Keith Stroup praised the Ninth Circuit's opinion. "This is a crack in the blanket federal prohibition of marijuana, the first ever recognized by the federal courts," he said. "The court found that Congress may not allege that all drug offenses impact interstate commerce per se. Unless the offense actually impacts interstate commerce, the federal government has no legal authority to criminalize that conduct."

Stroup also noted that the ruling could have widespread significance in states with medical marijuana use laws in the Ninth Circuit. "While this restraining order only protects the individuals who brought this legal challenge, the ruling has the potential to protect all users living in states in the Ninth Circuit who cultivate and possess marijuana for their own personal medical use with their doctor's permission."

Stroup said that the ruling did not address plaintiffs' additional arguments that federal prosecution of California patients violates the Fifth, Ninth and 10th amendments.

For more information, please contact either Keith Stroup at (202) 483-5500 or California NORML Coordinator Dale Gieringer at (415) 563-5858. Full text of the court's decision may be found at:
http://www.freedomtoexhale.com/ruling.pdf