Physicians can recommend marijuana in an open ended fashion


Prompt: The Court in Gonzales v. Raich rejected the arguments that personal medicinal use of marijuana would not have an impact on interstate commerce. The Court found Congress did have a rational basis for believing providing an exception for medical use would undermine orderly enforcement of the Controlled Substances Act.

The Court reasoned:

• The interstate market is not just plausible, but apparent.

• Physicians can recommend marijuana in an open ended fashion for a range of ailments, which creates an economic incentive to see more patients and to over-recommend marijuana.

These reasons echo policy concerns of inappropriate diversion, recreational use, and or potential for dependency.

Respond: Were you convinced of the Court's reasoning? Why or why not? What additional arguments might you make in support of your position?

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