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Øl-ð U.S. SUPREME COURT JUST SAYS 'NO' On June 6, 2005, the United States Supreme Court handed down its long-awaited decision in Gonzales v. Raich. The Court held that those using marijuana for medicinal purposes could be prosecuted for violating federal drug laws. While expressing sympathy for the two seriously ill California women who brought the lawsuit, the Court found that Congress has the authority to prohibit the local cultivation and use of marijuana. California's Compassionate Use Act authorizes limited marijuana use for medicinal purposes. After federal agents seized and destroyed all six of Diane Monson's plants, she and Angel Raich brought an action seeking to prohibit the enforce- ment of the federal Controlled Substances Act to the extent that it interfered with their use of mari- juana under California law. Essentially, they argued that a locally grown product that is used domestically rather than sold on the open market is not subject to federal regulation. The Ninth Circuit Court of Appeals sided with the women, finding that Congress lacked the power to regulate the intrastate, noncommercial cultivation and possession of marijuana pursuant to valid California law. But the Supreme Court disagreed. In its 6-3 opinion, the Court reiterated that Congress has the power to regulate purely local acljvities that are part of an economic .class of activities" that have a substantial effect on inter- state commerce. Congress may constitutionally regulate the local production of marijuana be- cause such production has a substantial effect on the supply and demand for marijuana in the national market. Because of enforcement difficul- ties in distinguishing between locally grown mari- juana and that grown elsewhere, along with con- cerns about diversion to illicit markets, Congress had a rational basis in believing that local regula- tion was an essential part of the larger regulatory scheme set out in the Controlled Substances Act. In her dissent, Justice Sandra Day O'Connor, joined by Chief Justice William Rehnquist and Justice Clarence Thomas, stated that the Court was overreaching in .making it a federal crime to grow small amounts of marijuana in one's home for one's own medicinal use." Justice Thomas added that the majority's ruling was SQ broad "the federal government may now regulate quilting bees, clothes drives and potluck suppers throughout the 50 states. . . . . . . . . . . . . . . . . . . . . . . . . . . . POLLING AND PUBLIC OPINION-A ONE- TO-ONE RELATIONSHIP? Public officials frequently look to public opin- ion polls as a reliable indicator of public senti- ment. But is it reliable? Under what circum- stances could polls be misleading? Come find out at the Institute for Local Government's first-ever luncheon symposium at the upcoming League Annual Conference. This year's symposium vvill feature Daniel Yankelovich, a leading interpreter of trends shaping American society. Mr. Yankelovich is the author of 10 books, including Coming to Public Judgment, New Rules, and The Magic of Dia- logue: Transforming Conflict into Cooperation. To learn more about Mr. Yankelovich, check out his interview with Bill Moyers at www.pbs.orgl now/tra n scri ptltranscri pt.Ya nkelovich. html The symposium will be from 12:30 p.m. to 2 p.m. on Thursday, October 6 at the Moscone Convention Center West in San Francisco. The fee for attending this event is $40, which covers the cost of the lunch. For information about buying a table for eight, go to www.ilsg.orgl symposium. Your attendance also shows your support for the Institute's V\IOrk in service to local officials in the areas of ethics, civic engagement, fiscal stewardship and housing/land use. League alumni (former city officials) are invited as 'Nell! To sign up, visit www.cacities.org/ac and either check the "ILG Luncheon" box on the regular League annual conference registration form or take advantage of the online registration process. Please note that you do not have to attend the entire conference to attend in this event. Visit the league's Official Website--www.cacities.org PRIORITY FOCUS/PAGE 3