Federal Act Trumps State's Medical Marijuana Law

Gonzales v. Raich, 125 S. Ct. 2195 (2005)

The federal Comprehensive Drug Abuse Prevention and Control Act of 1970 classifies all controlled substances into one of five schedules, with Schedule I drugs considered to have the highest potential for abuse and to lack any accepted medical use.  Since the enactment of this law, marijuana has been classified as a Schedule I drug despite considerable efforts to change this classification.  As a Schedule I drug, the manufacture, distribution, or possession of marijuana is a federal criminal offense, with no exception provided for its medicinal use...

Found in DMHL Volume 25 Issue 1

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Competence to Stand Trial Determination Should Be Closely Reviewed; Stale Evaluations Insufficient Basis for Findings of Competence; Ruling Not Disturbed

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Death Sentence Overturned Because Defendant's Lawyers Did Not Examine Case File from an Earlier Conviction That Would Have Indicated Defendant's Diminished Mental Capacity