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Some Thoughts About Raich
I am not surprised at the result reached by the Suprememe Court in Raich given how easy it is to justify congressional action under the commerce clause. What is interesting about Raich is that the opinion expressed genuine concern for the needs of the patients, and suggested that the government's actions were unwise. While medicinal use is not a defense in federal court, language from Raich may potentially be used as a basis for sentencing departure.
I am afraid the court's concern will not carry much weight as medicinal use proponents seek a law prohibiting federal interference with state medical marijuana programs. One danger of congressional action in the medical marijuana field is the potential for federal preemption. In other words, congress could impose burdensome requirements upon medical use programs, or could punish states that have such laws by denying federal funds. For that reason, congressional inaction may actually be the best course.