Transcript Efficiency of Medical Marijuana has been tested in

Medical Marijuana
Jordan Grant & David Weinman
Wickard V. Filburn
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Filburn was a farmer who
grew excess wheat for
private consumption but
was taken to court for
violation of the
agriculture clause.
This case was important
because it ended any
attempts to check the
power of the Congress in
regards to stepping on
state’s rights.
Gonzales v. Raich
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Under the Commerce
Clause of the United States
Constitution, which allows
Congress "To regulate
Commerce... among the
several States," Congress
may ban the use of
cannabis (marijuana) even
where states approve its
use for medicinal purposes.
Similarities
 In both cases Congress claimed
that they had the power to
regulate local activities,
although they may involve
interstate activity, because of
the substantial effect they may
have on interstate commerce.
 In Raich, the court held that, as
with the home grown wheat
issue in Filburn, home grown
marijuana is a legitimate
subject of federal regulation
because it competes with
marijuana that moves in
interstate commerce.
Differences
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One case was about growing cannabis the other was
about growing wheat.
Wickard V. Filburn involved growing something for
both interstate commerce and private consumption;
Gonzales V. Reich was purely a debate over private
consumption.
Congress Ruling in the Case for
Medical Marijuana
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Producing your own
marijuana curtails the
legal transportation of
medical marijuana that
occurs between the
states.
The majority ruled that
because it affects
interstate commerce,
Congress has the right to
regulate the usage under
the Constitution.
Sandra Day O'Connor
First female Supreme Court Justice.
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Pro State’s Rights to regulate
medical marijuana
Concerned for the lives and liberties
of Californians.
GONZALES V. RAICH CASE: has
nothing to do with interstate
commerce thus Congress does not
have jurisdiction in this matter.
California’s Compassionate use act
supports this ruling.
Controlled Substances Act of 1970
1.
2.
3.
The Governments guidelines for drug usage
in the United States.
Hinders State’s powers by providing federal
regulations that the State’s are required to
follow.
Gives the DEA power to investigate and
arrest medical marijuana users in the United
States.
 One does not know how intensely the central
government will regulate state’s rights if
they are already prohibiting sick individuals
from using medicine.
 Growing their own marijuana does not have
a legitimate effect on interstate commerce,
and the congress is merely pushing for the
Bush administration’s anti-drug initiatives.
REASONING
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Quilting bees affect quilt corporations from selling their
products interstate, because the participators in a quilting
bee sell their products for less.
Clothing drives provide free clothing for low income
individuals, which limits the amounts of products sold
interstate by corporations.
Potluck dinners hinder catering activity, which is considered
an interstate activity.
No the decision is not justified, these actions do not truly affect
interstate commerce.
These examples do not differ from producing
homegrown marijuana and therefore, cannibis
for health purposes does not have a legitimate
effect on interstate commerce.
Efficiency of Medical Marijuana has been
tested in several states.
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Tennessee
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27 patients had failed on other drug therapies, including oral
THC.
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Conclusion: 90.4% success for smoked cannabis; 66.7% for oral
THC. "We found both marijuana smoking and THC capsules to be
effective antimetics. We found an approximate 23% higher success
rate among those patients administered smoked marijuana.”
California
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throughout the 1980s involved 90–100 patients a year.
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Conclusion: Despite the bias towards oral THC, the California
study concluded that smoked cannabis was more effective and
established a safe dosage regimen that minimized adverse side
effects.