Red States Weigh In As The Court Goes To Pot

By Margot Roosevelt

The penalty for smoking pot in Alabama is up to 99 years in prison. But that hasn't stopped the Cotton State--along with Mississippi and Georgia--from siding with California in its battle to keep medical marijuana legal. All three filed briefs supporting Left Coast medipot users before the U.S. Supreme Court, which will hear arguments on Nov. 29 on whether patients can cultivate and possess physician-prescribed cannabis. "We happen to believe California's medical-marijuana policy is misguided," says Alabama solicitor general Kevin Newsom. "But this isn't about the drug war. It's about states' rights."

Besides California, 10 states have legalized medical marijuana since 1996. Nonetheless, federal drug busters have waged an eight-year battle against medipot, closing down cannabis clubs and prosecuting users. The case now before the Justices, Ashcroft v. Raich, involves two California women with chronic ailments. State lawyers contend the feds have no say over the women's pot use, since no money changed hands and the drug didn't cross state lines. For a court that has expanded states' rights, often to the dismay of liberals, the case is tricky. "Federalism isn't just for conservatives," says Boston University law professor Randy Bennett, who will present the oral arguments for California. "It means allowing states to experiment with social policies beyond the reach of Congress." Who says red and blue states can't get along? --By Margot Roosevelt