Cato senior fellow Randy Barnett writes in Saturday’s Wall Street Journal about the latest court decision on medical marijuana. After the Supreme Court ruled in 2005 that the application of the Controlled Substances Act to personal medical use of marijuana did not exceed the federal government’s constitutional authority, Angel Raich went back to court to argue that the ban violated her fundamental right to preserve her life. Alas, the Ninth Circuit Court of Appeals rejected that claim, too.
But as Barnett notes, the court did seem unhappy with the decision it was forced to reach:
For now, federal law is blind to the wisdom of a future day when the right to use medical marijuana to alleviate excruciating pain may be deemed fundamental. Although that day has not yet dawned, considering that during the last 10 years 11 states have legalized the use of medical marijuana, that day may be upon us sooner than expected. Until that day arrives, federal law does not recognize a fundamental right to use medical marijuana prescribed by a licensed physician to alleviate excruciating pain and human suffering.
Pity a panel of judges forced to tell that to a suffering plaintiff.