I've searched and searched for this group, I'm pretty sure it doesn't exist

[MysticCat]

Originally Posted by psusue

Back on topic, that's what I meant when I was wondering about the 9th amendment protecting doctor-patient confidentiality. If the doctor does prescribe it than what could your employer do? Obviously again this would be if it became federally legal and not just by state but it is an interesting concept.

The thing is the Ninth Amendment doesn't really confer any rights, the privacy decisions notwithstanding. The prevailing interpretation of it is this: The listing of rights in the Bill of Rights is not intended to be exclusive, so the government can't deny someone a particular right solely on the grounds that the right is not listed in the Bill of Rights. But if the Constitution grants the government the power to do something and the government acts within that authority, then one cannot claim under the Ninth Amendment that one's "unenumerated" (not listed) rights have been violated.

SInce SCOTUS has held that Congress has the power to classify certain drugs and substances and to regulate if and how they may be manufactured, possessed and distributed, I have a really hard time imagining that a successful Ninth Amendment claim could be made.