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| State Fights for Medical Pot Use |
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Posted by FoM on April 21, 2002 at 07:48:26 PT By Staff Writer Source: Oakland Tribune 
An assistant state attorney general urged a judge Friday not to gut California's medical marijuana law by allowing the federal government to shut down the Oakland Cannabis Buyers Cooperative. Taylor Carey, a special assistant from state Attorney General Bill Lockyer's office, told U.S. District Judge Charles Breyer that a court injunction against the club would "undercut" Proposition 215, the state initiative passed in 1996 that allows people to use marijuana as medicine. Friday's hearing was the first courtroom argument since May 2001, when the U.S. Supreme Court dealt a major setback to the cooperative and its executive director, Jeff Jones, when it said the organization could not use "medical necessity" to defend its distribution of an illegal drug. The case had reached the high court after the federal government in 1998 obtained a temporary civil injunction forcing the cooperative to stop dispensing marijuana. Carey's appearance in the San Francisco court was significant. Although the state previously had filed a "friend of the court" brief, it was the first time one of Lockyer's representatives came in person to tell the feds to mind their own business. "The sovereign act of adopting Prop. 215 should be respected. We believe the (federal) Controlled Substances Act is going too far," Carey said. Carey's speech to Breyer came during an otherwise unexciting court date. One federal government lawyer showed up, while about nine attorneys from California marijuana cooperatives attended, along with several patients and other supporters. But Carey was the only one allowed to address the merits of the case. Breyer focused the rest of the discussion on the technicalities of his next move. Since the Supreme Court sent the case back to the lower court, the federal government has filed a motion asking for a judgment in its favor: a permanent civil injunction to keep the cooperative from providing the drug. For its part, the cooperative filed a motion to dissolve the temporary injunction so it can reopen. Breyer indicated he was leaning toward a decision in favor of the federal government. Both sides have indicated they would appeal to the 9th U.S. Circuit Court of Appeals. "We think there are several issues that the Supreme Court didn't address," said Annette Carnegie, attorney for the cooperative. "The case is far from over." Note: California joins case on Oakland cannabis club future. Source: Oakland Tribune, The (CA) Related Articles & Web Sites: OCBC Vs US Government News Medical-Pot Backers Get Cool Reception Oakland Pot Cooperative Heads Back To Court California Cannabis Clubs Organize to Fight Feds Home Comment Email Register Recent Comments Help |
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| Comment #3 posted by JHarshaw on April 21, 2002 at 15:00:52 PT |
| p4me I think one of the sadder aspects of this whole tragicomedy we are living through right now is that some of these unfortunate souls must really believe that they are doing good by "saving" us from ourselves. However, I believe the road to Hell really is paved with good intentions. BTW, the term wicked, used in that context, made it at least to Northern Ontario at roughly the same time. Jubal [ Post Comment ] |
| Comment #2 posted by p4me on April 21, 2002 at 10:28:01 PT |
| You could talk about the way the prohibitionist laws are constructed and as long as there is a thing called the Schedule One Lie we can be assured that the twisted laws will only unravel so far before they hit that big SOL knot in the rope. Nixon had the chance to make things right. He was a warped man and here we are. I have said before that the Busch policy towards MMJ was evil. I believe it completely and sincerely. How can these evil doers live with themselves. Not even a pilot program in one county for the feds. Not one hearing in Congress with one of three for total relegalization and 2 of 3 for MMJ. The citizens don't count. Of course not. About 1964 and I was 12 we used to say that something was wicked. It would be similar in use as the word bad did in the 80's although it never made it into popular use. Those right wingers don't need to consider that use of the word when I describe what they are doing as wicked. You are wicked sinners for inflicting all these hardships and suffering on your fellow citizens. You are going to burn in hell forever you wicked and evil sinners. You know what you do so expect my forgiveness because you know not what you do. You are wicked people and evil doers. Hunt yourself down and kill yourselves. Dam you Nixon. Whatever. Don't smoke. VAAI [ Post Comment ] |
| Comment #1 posted by John Markes on April 21, 2002 at 08:59:27 PT |
| The Commerce Clause of the U.S. Constitution gives the federal gov't the authority to regulate commerce, inter-state and international. But what if, like the U.S. Gov't, they forego their job of regulating a viable market, such as in the war on drugs. Prohibition is not regulation, and endangers our country. On the other hand, what if no interstate commerce takes place? Where does the federal gov't get its authority then? THey make it up, like they always do... [ Post Comment ] |
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