cannabisnews.com: Medical Pot Lawsuit May Witness Success





Medical Pot Lawsuit May Witness Success
Posted by CN Staff on April 25, 2003 at 10:02:54 PT
Editorial
Source: Santa Cruz Sentinel 
The lawsuit filed this week over medical marijuana growing in Santa Cruz contains some fascinating legal arguments. The issue is far more than the one often cited — states’ rights. That argument has never seemed powerful to us. Perhaps it’s because of memories of the civil rights battles of the late ’50s and early ’60s. Back then, segregationists argued that state law should trump federal law — and that segregation should be allowed because individual states wanted it.
Presidents Eisenhower and Kennedy didn’t agree, and two generations later we praise both men for working to extend federal protection to people of all races.The lawsuit filed this week on behalf of medical marijuana users takes on the federal government, but the issues behind the lawsuit go far beyond a simple "states’ rights" argument. Santa Clara University law professor Gerald Uelman is one of several attorneys representing the plaintiffs, and he explained some of the facets of the case that will make this lawsuit fascinating to follow as it makes its way through the judicial system.The Wo/Men’s Alliance for Medical Marijuana does not transport any products across state lines, and can’t involve the federal government’s control of interstate commerce.That criminal penalties for WAMM cofounders Michael and Valerie Corral are illegal because they were deputized by the Santa Cruz City Council.Most important, that the drug seizures violate a patient’s right to "control the circumstances of their own deaths."The medical argument is the strongest one in the lawsuit. Terminal patients are using marijuana to control pain and in some cases restore their appetite. Why federal drug agents would expend this much energy to deny relief to terminal patients is beyond us. Marijuana is probably less damaging to these patients than a number of other medications that they’re taking.As Uelman pointed out, terminal patients aren’t taking marijuana as alternative medicine. In fact, the marijuana helps them cope with the pain and discomfort of such treatment as radiation and chemotherapy.The federal government has argued that patients could be taken advantage of by those touting marijuana — or other such so-called treatments as laetrile. But Uelman pointed out that patients don’t use marijuana as a replacement for any other treatment. And an increasing number of medical doctors are suggesting that some patients can get relief from a medicinal form of marijuana.We understand and support laws that control the use of marijuana by the general public. Our society really doesn’t need one more legal drug.But to withhold marijuana from patients who are suffering is the worst kind of folly — it’s not only a bad idea, it actually hurts people.The federal suit will find its way to federal court, and perhaps eventually on to the Supreme Court. We give credit to both the Santa Cruz City Council and the county Board of Supervisors for joining in on the lawsuit.The irony is that some of those involved in this lawsuit won’t be around for its conclusion. Some of them are dying, and are involved only because they know others will be in their position in the future. In the interest of reduced suffering, we hope that this lawsuit eventually will wind its way through the system and give patients in need the access to a drug that can reduce their suffering. Source: Santa Cruz Sentinel (CA)Published: April 24, 2003 Copyright: 2003 Santa Cruz SentinelContact: editorial santa-cruz.comWebsite: http://www.santacruzsentinel.com/Related Articles & Web Sites:WAMMhttp://www.wamm.org/Pictures from WAMM Protesthttp://freedomtoexhale.com/eventpics.htmMedical Marijuana - Las Vegas Review-Journal http://cannabisnews.com/news/thread16053.shtmlWAMM Lawsuit Seeks To Curb Federal Authority http://cannabisnews.com/news/thread16047.shtml Medical Pot Seizures Targeted by Santa Cruz http://cannabisnews.com/news/thread16042.shtml
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Comment #3 posted by afterburner on April 29, 2003 at 12:05:05 PT:
One More Legal Medicine.
In Native American tradition "all Indian men had a medicine bag." -The “Medicine Bundle” http://www.calverley.ca/Part01-FirstNations/01-104.html [link is currently down]picture: Howard Terpning - Opening the Sacred Bundle
http://www.swoyersart.com/howard_terpning/sacred_bundle.htmstory: A Native American Medicine Story
http://www.earthheart.com/story.html 
ego transcendence follows ego destruction, and suddenly there is no question.
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Comment #2 posted by FoM on April 29, 2003 at 11:14:28 PT
Letter To The Editor: One More Legal Drug? 
Santa Cruz Sentinel (CA)Published: April 29, 2003In your editorial you state, "our society really doesn’t need one more legal drug."Huh?Every year our society spends many millions of dollars developing "one more legal drug."You can argue all day long that some drugs are "good" drugs and some drugs are "bad" drugs, but the truth is that just about all drugs are used to make us feel better either mentally or physically. Some have side effects that we approve of and some have side effects that we do not approve of. The odd fact is that the two most popular legal drugs have horrible side effects and cause a huge amount of damage to both users and our society.Although I am no lover of drugs, it appears that the negative side effects from the use of marijuana are relatively benign both to the user and to society. Perhaps it would be better if marijuana was "one more legal drug."Will MayallSanta Cruz
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Comment #1 posted by freedom fighter on April 25, 2003 at 17:30:05 PT
Alas, you cannot have it both way!
"We understand and support laws that control the use of marijuana by the general public. Our society really doesn’t need one more legal drug."The laws on marijuana today does not represent control whatsoever. The laws on marijuana is the reason why we as the citzens of this fine country harrasing sick people. The laws on marijuana is the reason why we arrested 15 million Americans in 20 years. Why whine about harrasing sick people for using marijuana? , it is your TAX dollars at work. It is your FAULT that we are harrasing the sick people. You cannot have it both way, if you presume to think that the "society" does not need another legal drug while we are constantly bombarded with new-fangled drugs from legal companies, by all means, keep on invading and harrasing and killing and arresting human beings who smoke pot!After 15 millions of Americans arrested in 20 years, trillions of dollars down in drain, one would think this would indeed be a lesson because after all, Cannabis is "EVERYWHERE."One might as well grab all the cash in their wallet and burn them every week. pazff
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