Medical Marijuana and Federalism
From the American Constitution Society Blog on what happens when medical marijuana collides with federalism:
Last December, the Ninth Circuit held in Ashcroft v. Raich that federal anti-drug laws do not apply to locally cultivated cannabis. Their decision, which is now under review by the Supreme Court, effectively decriminalizes medical marijuana use in California, so long as that use complies with that state's Compassionate Use Act. Some conservative activists immediately condemned the decision as another example of liberal judicial activism from a court that's been "overturned more times than pancakes at IHOP." In truth, however, the odd thing about Raich isn't its activism, but instead its rigid compliance with prior Supreme Court precedent.
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