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BREAKING NEWS ~ Supreme Court sides with government on medical marijuana

[JURIST] In a 6-3 decision the US Supreme Court [official website] ruled Monday in Gonzales v. Raich that Congress has the power to criminalize the growth and use of marijuana for personal medical reasons with a doctor's recommendation. The case was an appeal by the Bush administration from a Ninth Circuit Court of Appeals decision [PDF] ruling that the federal Controlled Substances Act [text] exceeded Congress' power under the Commerce Clause [Wikipedia entry]. The majority relied on the broad endorsement of Commerce Clause power in Wickard v. Filburn [summary]. Justice O'Connor in dissent said that states should be able to define their own criminal laws. Read a backgrounder on the case from Duke Law.

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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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