The question before the Raich Court was straightforward: Did federal authority asserted under the Controlled Substance Act of 1970 trump California’s legalization of “medical marijuana” when these plants were grown within the state and were not bought, sold, or transported into another state? Unfortunately, the far more significant policy question raised by Proposition 215 was never adjudicated. In effect, Proposition 215 declared that some compounds used to treat disease could be evaluated and approved by a vote of the people rather than “by experts qualified by scientific training and experience,” as mandated by the Food, Drug, and Cosmetic Act.
The question before the Raich Court was straightforward: Did federal authority asserted under the Controlled Substance Act of 1970 trump California’s legalization of “medical marijuana” when these plants were grown within the state and were not bought, sold, or transported into another state? Unfortunately, the far more significant policy question raised by Proposition 215 was never adjudicated. In effect, Proposition 215 declared that some compounds used to treat disease could be evaluated and approved by a vote of the people rather than “by experts qualified by scientific training and experience,” as mandated by the Food, Drug, and Cosmetic Act.