Tuesday, November 30, 2004
Medical marijuana
Is there any legal significance that the medical marijuana case is about medical marijuana? There is plenty of journalistic significance, given the amount of coverage of yesterday's OA.
For instance, is there anything in the lower courts' decisions that bring up the specter of privacy of a doctor-client relationship? Is there anything about historic state regulation of doctors that grounds a 10th amendment argument, as is being raised in the assisted suicide case?
On that second point, do the relevant state statutes regulate prescription at all, or just usage? I think it must extend to prescription (which might provide a legal relevance to its being medical marijuana, in answer to my initial query).
For instance, is there anything in the lower courts' decisions that bring up the specter of privacy of a doctor-client relationship? Is there anything about historic state regulation of doctors that grounds a 10th amendment argument, as is being raised in the assisted suicide case?
On that second point, do the relevant state statutes regulate prescription at all, or just usage? I think it must extend to prescription (which might provide a legal relevance to its being medical marijuana, in answer to my initial query).
# posted by Anonymous : 9:31 AM
