The court agreed to hear the Bush administration's appeal of a case it lost last year in San Francisco’s 9th U.S. Circuit Court of Appeals.
That court ruled that a federal law banning marijuana does not apply to California patients whose doctors have prescribed the drug.
In it's 2-1 decision, the lower court decided that prosecuting medical marijuana users under the federal controlled substances act is unconstitutional if the pot is not sold, trafficked over state lines, or used for non-medicinal purposes.
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