Cite as: 532 U. S. 483 (2001)
Stevens, J., concurring in judgment
Substances Act by a seriously ill patient for whom the drug may be a necessity. Whether it would be an abuse of discretion for the District Court to refuse to enjoin those sorts of violations, and whether the District Court may consider the availability of the necessity defense for that sort of violator, are questions that should be decided on the authority of cases such as Hecht Co. v. Bowles, 321 U. S. 321 (1944), and Weinberger v. Romero-Barcelo, 456 U. S. 305 (1982), and that properly should be left "open" by this case.
I join the Court's judgment of reversal because I agree that a distributor of marijuana does not have a medical necessity defense under the Controlled Substances Act. I do not, however, join the dicta in the Court's opinion.
503
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