cannabisnews.com: Case Seeking Right To Distribute Medical Marijuana





Case Seeking Right To Distribute Medical Marijuana
Posted by FoM on January 08, 2002 at 18:34:52 PT
By David Kravets, Associated Press Writer
Source: Associated Press 
A group the Supreme Court barred from distributing medical marijuana reopened its case Tuesday and asked the courts to allow it to dole out cannabis for the sick. The move comes eight months after the nation's highest court said the Oakland Cannabis Buyers Cooperative could not defend its actions against federal drug laws by declaring it was dispensing marijuana to the medically needy. 
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. While the federal government has done little to enforce the high court's ruling, it spread fear through the nation's medical marijuana community. The ruling also left intact a court order prohibiting the Oakland club from dispensing marijuana. Lawyers expect the new case to reach the Supreme Court again, this time on legal theories that the high court announced it was ducking in its earlier ruling. "The Supreme Court issued a very narrow ruling," said Robert Raich, the cooperative's attorney. "We are taking the invitation to open up other issues." A hearing is set for next month in which the club's lawyers will ask a federal judge to nullify an injunction barring the cooperative from selling marijuana to the sick if they have a doctor's recommendation. The high court's May decision addressed only the issue of a so-called "medical necessity defense" being at odds with a 1970 federal law that marijuana, like heroin and LSD, has no medical benefits and cannot be dispensed or prescribed by doctors. Justice Clarence Thomas noted that important constitutional questions remained undecided, such as 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. Justice Thomas wrote that the court would not decide those "underlying constitutional issues today." Mark Quinlivan, the Justice Department's lead attorney on the case, said Tuesday that the government had no comment on the new filing. California was the first state to approve a medical marijuana law, in 1996. Despite the high court's ruling, many marijuana clubs distribute marijuana to the sick and thousands of people grow and smoke marijuana for medical reasons as the federal government looks the other way. What little enforcement action the government has taken has been in California. In October, federal agents shut down a West Hollywood cannabis club that doled out marijuana to the sick. Other recent federal actions in California include the raid of a Ventura County garden operated by patients and the seizure of medical records from a Northern California doctor who is a prominent medical marijuana proponent. The case is United States v. Oakland Cannabis Buyers Cooperative, 00-151. Complete Title: Case Seeking Right To Distribute Medical Marijuana Resurfaces Source: Associated PressAuthor: David Kravets, Associated Press WriterPublished: Tuesday, January 8, 2002 Copyright: 2002 Associated Press Related Articles & Web Sites:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/OCBC Versus U.S. Government News http://freedomtoexhale.com/mj.htmThe Supreme Court Rules on Medical Marijuana http://cannabisnews.com/news/thread9794.shtmlThe Supremes' Pot Decision - Who Can Enforce It?http://cannabisnews.com/news/thread9748.shtml
Home Comment Email Register Recent Comments Help




Comment #3 posted by greenfox on January 09, 2002 at 06:22:36 PT
Uh...... excuse me?
as the federal government looks the other way. Uh.... am I hearing this right? So in the recent shooting deaths of Croslin, (which were justified of course,) that was just an example of our kind, loving, "compaaassionarrrrgh" govrenment 'looking the other way'. I've said my peace.sly in green, foxy in kind-gf
[ Post Comment ]


Comment #2 posted by CongressmanSuet on January 08, 2002 at 22:50:10 PT
 E, Johnson...
  I think I remember it was a 10 year sentence. And to think this woman was once Mayor of San Franscisco.
[ Post Comment ]


Comment #1 posted by E_Johnson on January 08, 2002 at 22:14:11 PT
bloody WOT ?%$#  
Justice Clarence Thomas noted that important constitutional questions remained undecided, such as 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. Justice Thomas wrote that the court would not decide those "underlying constitutional issues today." I am speechless. Clarence Thomas gets the credit for drawing the legal fence around that last decision. Oh this is just as much fun as when Bob Barr stepped up and saved the world from Dianne Feinstein's attempt to impose a one year prison sentence for marijuana webmastering.Excuse me while I scream.
[ Post Comment ]


Post Comment