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Medicinal marijuana gets court skepticism.(Knight Ridder Newspapers)

Knight Ridder/Tribune News Service

| December 01, 2004 | Puzzanghera, Jim | COPYRIGHT 2004 Knight-Ridder/Tribune News Service. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Jim Puzzanghera

WASHINGTON _ Several U.S. Supreme Court justices reacted skeptically Monday to the arguments of two chronically ill California women seeking immunity from federal prosecution for smoking marijuana because state voters approved its medicinal use.

Angel Raich, 39, of Oakland, and Diane Monson, 47, of Butte County, argue that U.S. officials are violating the Constitution by trying to stop them from using marijuana prescribed by doctors for their severe chronic pain.

Their attorney, Randy Barnett, told the justices that the marijuana the women smoke is homegrown only for their use and therefore is not an interstate commodity subject to federal regulation.

Some conservative justices believe strongly in protecting the rights of states from federal encroachment. But they and other justices appeared critical of Barnett's arguments that medicinal marijuana users should be immune from federal law that bans the drug as a harmful and addictive controlled substance.

Such exemptions could open the door to abuse of medicinal marijuana laws by ...

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