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Marijuana Law – Keyed to Mikos
Conant v. Walter
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1996, Arizona and California passed initiatives that decriminalized the use of marijuana for limited medical purposes and immunizing physicians from prosecution under state law for the “recommendation or approval” of using marijuana to treat the patients medical condition. Cal. Health & Safety Code § 11362.5. Under federal policy, a doctor’s action of recommending or prescribing marijuana, a Schedule 1 controlled substance, is not consistent with the “public interest.” Plaintiffs, a group of physicians licensed to practice in California who treat patients with serious illnesses, brought suit to enjoin the government from enforcing the policy because it threatens to punish physicians for communicating with their patients about the medical use of marijuana.
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