Robert Phillips
- Ref # CAC00060
- February 27, 2022
Medicinal Marijuana and the Due Process Clause
CASE LAW
- There is no “substantive right,” under federal law, to use marijuana for medicinal purposes.
RULES
The use of marijuana for medicinal purposes, being contrary to a prior Ninth Circuit case decision and not a “substantive right,” remains illegal under federal law. Its continuing illegality under federal law does not violate the Due Process Clause. The fact that multiple states have legalized the use of marijuana for medicinal purposes has no effect on federal law.
FACTS
In 2017, defendant Richard Langley plead guilty to possession of child pornography (per 18 U.S.C. § 2252(a)(4)(B)) in federal court. He ....
