This Comment contends that because of the continuing legislative inability to deal adequately with this issue the courts must apply strict judicial scrutiny by way of a representational reinforcement theory to cases concerning the medicinal use of marijuana. Failure to do so perpetuates the dysfunction of the judicial and legislative process. It additionally detracts from the legitimacy of that process by fostering cynicism and contempt toward the legislature that promulgates such oppressive laws and toward the judiciary that allows their enforcement.
Aryeh Y. Brown, In Memoriam: Ralph Seeley Obscured by Smoke: Medicinal Marijuana and the Need for Representation Reinforcement Review, 22 SEATTLE U. L. REV. 175 (1998).