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  Judge Declines To Renew Supreme Court Case
Posted by CN Staff on May 03, 2002 at 15:35:37 PT
By David Kravets, Associated Press Writer 
Source: Associated Press  

medical A federal judge ruled Friday that a California medical marijuana distributor has no constitutional right to dole out cannabis to the sick. The decision was another blow to the Oakland Cannabis Buyers' Cooperative.

The U.S. Supreme Court ruled last year that the group had no right to sell marijuana to the sick under California's 1996 voter-approved medical marijuana law, which requires the sick to have a doctor's recommendation.

The cooperative had sought to reopen the 5-year-old case under new legal arguments, but U.S. District Judge Charles R. Breyer rejected them at the government's urging. At the same time, Breyer declined to lift an order barring the club from distributing cannabis.

"With or without medical authorization, the distribution of marijuana is illegal under federal law," Breyer wrote. "Defendants' other objections are equally without merit."

The decision, however, sets the stage for more litigation on the fate of California's medical marijuana law and similar ones in seven other states.

Alaska, Arizona, California, Colorado, Hawaii, Maine, Oregon and Washington allow the infirm to receive, possess, grow or smoke marijuana for medical purposes without fear of state prosecution. The federal government, which declined to immediately comment Friday, is challenging those laws and says marijuana has no medical benefits and is an illegal drug.

Robert Raich, the club's attorney, said he would appeal the decision to the San Francisco-based 9th U.S. Circuit Court of Appeals.

"There's no question about that," he said.

The 9th Circuit earlier ruled in the case that the club could legally defend its actions on grounds it was helping the sick, who say marijuana gives them relief that lawful drugs cannot provide.

But the nation's high court reversed, saying the so-called "medical necessity defense" was at odds with a 1970 federal law that said marijuana, like heroin and LSD, has no medical benefits and cannot be dispensed or prescribed by doctors. That decision, however, opened the door to new legal challenges, which Breyer rejected Friday.

When the U.S. Supreme Court ruled, Justice Clarence Thomas noted that some constitutional questions remained undecided.

Those included Congress' ability to interfere with intrastate commerce, the right of states to experiment with their own laws and whether Americans have a fundamental right to marijuana as an avenue to be free of pain. Thomas wrote that the court would not decide those "underlying constitutional issues today."

The case is United States v. Oakland Cannabis Buyers' Cooperative, C98-00088.

Complete Title: Judge Declines To Renew Supreme Court Case on Medical Marijuana

Source: Associated Press
Author: David Kravets, Associated Press Writer
Published: Friday, May 3, 2002
Copyright: 2002 Associated Press

Related Articles & Web Sites:

OCBC
http://www.rxcbc.org/

OCBC Vs US Government News
http://freedomtoexhale.com/mj.htm

Marijuana Clubs Lose One in Court
http://cannabisnews.com/news/thread12721.shtml

Judge Rejects Oakland Marijuana Clubs Arguments
http://cannabisnews.com/news/thread12719.shtml

Are Pot Clubs About to Go up in Smoke?
http://cannabisnews.com/news/thread12616.shtml


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Comment #16 posted by dddd on May 04, 2002 at 08:33:52 PT
Well said Patrick
..That is an excellent point about 'Federal land'.......and a good question......but, I'm afraid that the federal government ,lacks one very basic thing.. And that is,that there is No One who can answer such questions. The only answer you can get nowdays,is by challenging the empire in court,, and your taxes pay the assholes to make a ruling that says something about a lack of "merit",on your part!?.... Of course,,some shithead idiots would argue that you can ask you local congressional, or legistlative "represenative" about these federal intrusions on States....what a joke!,How many citizen of this country are "represented" in government?? If you're curious,just take a look at the number of people who are supposedly 'represented',by your local congressperson or senator!,,......Or,,then you will hear people say something like;"Well,,get out there and vote"..well,,that's the problem.. I am a Californian,,,and I voted for Medical Marijuana,,and so did a majority of other people,,but for some reason,,, state voters are not recognized by the new federal empire.,,, and ,consider voting in federal elections....with shams like the electoral college,,,,the skewed, crooked election,,fraught with eminent corruption,,court appointed pResidents,,,,It aint pretty!.................. It seems to me,that the federal monster has gone beyond the point of reform....I hate to say it,,but I think that "We The People",are now powerless... Yes,it's true that we can still organize coalitions and groups to try and reform,or rebel against the beast,,but protests and rebellions do not work very well anymore...I am hoping that the Million Man Marijuana March will have an impact,,, keep your eyes on the "news" tonight.I'll bet that there is minimal coverage...Cinqo de Mayo will get more press than the MMM...
..It is not easy to fight or speak out against a government that controls the national media,and commands a system of militarized police,,,,, a government that can use "crowd control",to squish activists.......We will probably see headlines like;"Pot Marchers Assault Police!..Hundreds Arrested.",,,or,,,"Marijuana Marchers Cause Riot!"......
......sorry,,,I know,,,I'm always looking at the dark and negative side of everything,,but I like to expect things to be fucked,,that way I'm rarely dissappointedddd


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Comment #15 posted by releafer on May 04, 2002 at 08:24:26 PT
Energizer Bunny...
The Energizer bunney was busted yesterday.

Charge..................BATTERY!!!!!

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Comment #14 posted by releafer on May 04, 2002 at 08:17:23 PT
Correct ruling..........
Ever since prop 215 the So-Called Cannabis Clubs have done nothing but draw heat for prop 215. Prop 215 gives the individual with a recomendation from a real Dr. to refer you for Marijuana orally or written.

These rip-off clubs were better than nothing but the real push should have been to force the rest of the prop 215 law that says that the State government has to help with supply and try to work a plan.

The State has failed to meet its responsibility locally while the Clubs and there non medical attitudes (party) were in the Fed face making a challenge that was clearly against them.

I hate the clubs and there high prices..I'm sorry that Marijuana has ever been classified as medical as now they will make it hard on folks that just like it in there life. I'm happy with this ruling and I hope we can keep it in our state and forget the fed and work on lines of CHEAP SUPPLY FOR EVERYONE through the STATE.

If we shut-up and try not to aggravate the MAN we might be able under current laws to continue to build our ideal STATE and elect folks with common sense to figure out a way to end all prohibition

We would be better off starting the MARIJUANA FREEDOM PARTY and attacking them that way than wait for them to change there minds.

Anyhow the CLUBS are gone....Great as there supply and prices SUCK!!!

Watch out JEFF JONES....are you ready to take your stupid idea back to your home state....where were you from....are you leaving?

TAKE YOUR BAD MEXICAN SUPPLY AND CONNECTIONS WITH YA!!!

I've been here from the begining and I have to say the supply at these clubs was a real bad deal. With rip me off prices and assholes selling it and they have real lousy connections. Besides the disease your exposed too!!

YAHOO the Government won again..so...its back underground where the good stuff is still PRIVATE!!

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Comment #13 posted by el_toonces on May 04, 2002 at 07:59:05 PT:

Opinion?
Does anyone have a link to the judge's opinion. I am dying to read it and have not been able to get my hands on a copy?

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Comment #11 posted by Patrick on May 04, 2002 at 06:29:57 PT
So tell me Judge Breyer…
I live near a military installation with signs posted all over the place that say, "Visitors are subject to Federal Law."

Obviously, "Federal Law" applies on the other side of that big old barbed wire fence that the sign hangs upon. What law applies on this side of the fence when the fence in question is in California?

"With or without medical authorization, the distribution of marijuana is illegal under federal law," Breyer wrote. "Defendants' other objections are equally without merit."

So judge, back to this line/fence near my home that is as plain as the nose on your face sir. A line where the federal law apparently is enforced on one side and not on the other? Or is it? Am I to assume that I am imprisoned by the Federal Law on either side of the fence that I stand? If so, who wasted our tax money on the stupid sign and the damn fence?

Seems to me sir, that California State Law allows medical possession of cannabis and its use with a medical recommendation. Can I assume then that this means on "non-federal property" one should by default, be exempt from your "Federal" ruling? After all, Federal Law applies on Federal Property right? On my side of the fence I am in California an not in "Federal Land" am I not? Otherwise your saying that we citizens are all trapped in your little country called federal law. Does this federal fence surround all of us whether we are in Afghanistan, Fiji, or Lincoln Nebraska?

I am not a lawyer but somebody please explain to me just how the fuck the DEA gets away with showing up on the property of a cannabis club in the first place when at the same time there is a fence between me and federal enforcement of federal law? Please, some lawyer or congressperson, some cop or stoner, someone, anybody please explain this chain-link & razor wire fence. And while your at it, explain just what law applies on which side of it to me in terms and any simpleton like myself can understand.

The cannabis clubs are clearly outside the "Property line" that separates them from signs pointing out where federal jurisdiction is enforced. So how does the DEA get away with this? Is it because of their guns, badges, and bulletproof vests? Isn't there any armed, badge wearing, bulletproof vest issued law enforcement officers sworn to uphold a California State Law that was passed 8 years ago by its citizens? Anyone?

But the nation's high court reversed, saying the so-called "medical necessity defense" was at odds with a 1970 federal law that said marijuana, like heroin and LSD, has no medical benefits and cannot be dispensed or prescribed by doctors.

Just what the fuck is FDA approved Marinol supposed to be your honorable judgeships? Are questions such as this censored or something? You judges can rule on the unconstitutional 1970 law anytime you like if only you had the cajhones to be American. Instead of freedom, you insure that we the people are imprisoned on both sides of the fence.

Where is the justice in that Breyer?

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Comment #10 posted by qqqq on May 04, 2002 at 06:10:26 PT
..Goneposthole..
....I like how you did the spelling correction,,,,but I think that is a correct spelling when you use eubonics. I dont know if anyone remembers eubonics,,but it was an attempt to recognize a certain form of english language.You could have used it in a phrase like;;"I axs you win dey gwan leeglize cannbis"..

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Comment #9 posted by goneposthole on May 04, 2002 at 05:55:41 PT
typo on cannabis
I have to correct that spelling error.

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Comment #8 posted by kaptinemo on May 04, 2002 at 05:48:49 PT:

Federal buck passing reaches new heights...
It would seem that Judge Breyer has done exactly as he was hoping to do earlier, but the appearence of impropriety stemming from his brother being a Supreme Court judge prevented him from doing so.

A setback, yes. But to paraphrase the words of a character from a Southern fable: "Please B'rer Breyer! Don't throw me in that 9th Circuit Court of Appealsbriar patch!"

The rulings of that Circuit Court have been, on the whole, favorable towards us of late. Perhaps Judge Breyer wanted to punt this smelly and noiseome problem out of his docket and back to the C.C.of A to dodge a very heavy political bullet that had his name on it. And by reaching that level, it may be possibble to have the whole sordid history of cannabis prohibition dragged out in to the light as the Ontario Court of Appeals did with the 'Janie Canuck'/Emily Murphy affair.

As the tide of public opinion turns in our favor, we can expect increasing government pressure to do by force what they cannot persuade the public to accept by reasonable argument.

(To use Thoams Jefferson's critique: "To argue with those who have divorced the use of reason has all the effectiveness of administering medicine to the dead." Having spoken with LEO's before, I've come to the conclusion that perhaps the classic horror movie Night of the Living Dead may actually be grounded in reality, sans the cannabislism.)

In any event, this is not the end. Not by a long shot, antis. You may boast all you want, but you feel History's btreath on your necks, or you wouldn't be trying such ham-handed tactics.

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Comment #7 posted by goneposthole on May 04, 2002 at 05:48:23 PT
The State Uberalles
I have come to the conclusion that with all the repressive laws prohibiting people from using cannbis for enjoyment and/or medicine and all of the wars over the years to protect freedom or some other such nonsense, it now seems to me that the US government has very little regard for a human life or the whole of humanity, for that matter.

As long as it pays, it's ok. Write the check, now get out of the way.

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Comment #6 posted by The GCW on May 04, 2002 at 05:44:29 PT
The other end of the spectrum
MERLIN PROJECT'S GANJA GROWERS GET OFFICIAL GO-AHEAD

http://www.mapinc.org/drugnews/v02/n853/a04.html?397

...last Friday marked the official launch of the Merlin Project's first licensed marijuana grow operations. - "It's very exciting," Maniotis said of the legitimate Health Canada licensed operations.

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Comment #5 posted by John Markes on May 04, 2002 at 04:54:54 PT
terroristic treason...
The United States federal government was found guilty of terroristic treason today in the International Court of Humanity. They have terrorized their own citizens for years in their attempt to take over the country. Representative govenment was not enough for them, they wanted to rule.

In other news...



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Comment #4 posted by dddd on May 04, 2002 at 01:12:10 PT
thanx BGreen
......you yourself have been causing severe head trauma amongst the Nails......Beware,,Kaptinemo ,Lehder,and Ddc have all been sued by nails!,,they are not supposed to use hammers anymore...I believe a nail took DanB to court,and got a restraining order!..Dan is not supposed to come within 100 feet of any nail,,including galvanized nails!.........maybe Lehder could give you the name of his cheap lawyer..I think I heard that Lehders lawyer did quite well,and the court ruled that the Nail deserved to get hit...........dddd

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Comment #3 posted by BGreen on May 04, 2002 at 00:35:30 PT
dddd
Man, you hit the nail on the head.

Two years ago, Missouri voters rejected a law to permit citizens to carry concealed weapons. Right now, the state legislators are pushing a bill through that would, with the governors signature only, authorize citizens to carry concealed weapons.

The governor has said he would veto the bill if it gets to his desk, but his veto could be overridden.

The thing that angers me is that the voters said NO. If this is a gov't of, for, and by the people, then the vote trading, lobbyists, and other slimy BS has to be eliminated. Our representatives are just that, and they shouldn't be allowed to override the will of us, the people. PERIOD!

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Comment #2 posted by The GCW on May 03, 2002 at 21:33:59 PT
This makes me laugh...
when I try to put into perspective how stupid these prohibitionists are. Yes they have some power, but no abiltiy to see straight.

"says marijuana has no medical benefits and is an illegal drug."

Dead batteries for brains? Too much booze? I laugh when I realize it is far far far worst than simple stupidity. Unimaginably ignoidal.

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Comment #1 posted by dddd on May 03, 2002 at 20:34:51 PT
...Outlaw Federal Dictators ....
.It may sound strange,,,but I'm thinkin' that the federal government has become downright Un-American! They have gone overboard.They have no right to negate the voters of California,or any other states....
...dddd


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