The Corner

Free to Toke in California

A divided panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the federal prohibition of the use of homegrown marijuana for medicinal purposes exceeds the scope of the Commerce Clause. While I know it’s fashionable to make fun of the Ninth Circuit (especially the two judges that signed on to this opinion), I think the Ninth Circuit got this one right. Sometime NRO contributor Randy Barnett litigated the case and adds his thoughts here.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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