cannabisnews.com: State Backs Medical Pot Case Before Supreme Court State Backs Medical Pot Case Before Supreme Court Posted by CN Staff on October 14, 2004 at 08:40:57 PT By Bob Egelko, Chronicle Staff Writer Source: San Francisco Chronicle California Attorney General Bill Lockyer sided with two medical marijuana patients Wednesday in their U.S. Supreme Court battle with the Bush administration, arguing that patients who use locally grown marijuana in states that allow it should be protected from federal drug enforcement. "The federal government has limited authority to interfere with state legislation enacted for the protection of citizen health, safety and welfare, '' Lockyer's office said in papers filed with the court on behalf of California, Maryland and Washington, three of the 11 states with medical marijuana laws. His brief noted that the 1970 Controlled Substances Act, which classified marijuana as a dangerous drug with "no currently accepted medical use,'' was passed long before the AIDS epidemic and before large numbers of doctors began recommending pot to counter the effects of therapy for AIDS and cancer. Interstate Commerce In light of those developments, the federal ban on marijuana possession should not be interpreted to apply to the state-regulated medicinal use of a drug that is obtained within a state, said Taylor Carey, a special assistant attorney general who wrote Lockyer's brief. Otherwise, Carey argued, enforcement of the law would exceed Congress' constitutional power to regulate interstate commerce. The court is scheduled to hear arguments Nov. 29 on whether federal authorities can prosecute patients and their caregivers and confiscate their marijuana. The plaintiffs are Angel Raich of Oakland, who suffers from a brain tumor and a wasting disorder, and Diane Monson of Oroville (Butte County), who has severe back pain and muscle spasms. Both women have doctors' recommendations to use marijuana for their conditions, as required by Proposition 215, a ballot initiative passed by California voters in 1996. Raich's marijuana is provided by her caregivers, and Monson was growing her own until federal agents seized her six plants. Complete Title: State Backs Medical Pot Case Before U.S. Supreme Court Snipped: Complete Article: http://www.freedomtoexhale.com/statebacks.htmSource: San Francisco Chronicle (CA)Author: Bob Egelko, Chronicle Staff WriterPublished: Thursday, October 14, 2004 - Page A - 5Copyright: 2004 San Francisco Chronicle Contact: letters sfchronicle.comWebsite: http://www.sfgate.com/chronicle/Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmKey Medical Pot Case To Be Heardhttp://cannabisnews.com/news/thread19092.shtmlAnalysis: Medical Marijuana Debate Renewshttp://cannabisnews.com/news/thread19090.shtmlSupreme Court Will Hear Medical Marijuana Case http://cannabisnews.com/news/thread19089.shtml Home Comment Email Register Recent Comments Help Comment #16 posted by FoM on October 14, 2004 at 12:18:04 PT OverwhelmSam I didn't even see that you missed a word or two. I skip over words all the time but we know how to read between the lines! Us geeks us! LOL! [ Post Comment ] Comment #15 posted by OverwhelmSam on October 14, 2004 at 12:14:34 PT I Don't Know About IQ Kaptinemo The politicians have it about right. If you ask someone around the Dallas/Fort Worth Texas area who they're inclined to vote for, the typical statement you hear is: "Think I'll go for that there Bush (Sung to the tune of, I can't stand no candyass liberal gay sissy like Kerry)." [ Post Comment ] Comment #14 posted by OverwhelmSam on October 14, 2004 at 12:00:59 PT FoM Okay, I meant to say I'm getting a kick out of the upcoming elections. Ironically, I left "out" out. LOLDennis [ Post Comment ] Comment #13 posted by Hope on October 14, 2004 at 11:50:15 PT Kap...that's right Do it already! [ Post Comment ] Comment #12 posted by kaptinemo on October 14, 2004 at 11:28:19 PT: The Election: Another Pyhtonism I'm so sick of this farcical Punch & Judy show insulting the intelligence of everyone with an IQ above room temperature.In Monty Python and the Holy Grail, when the narrator starts winding off into a pointless divergence, they cut to a scene where all the extras are lined up and they all shout "Get on with it!". That's the way I feel right now. [ Post Comment ] Comment #11 posted by FoM on October 14, 2004 at 11:15:47 PT OverwhelmSam You said: I'm getting a kick of the upcoming election. I say: ME TOO! LOL! [ Post Comment ] Comment #10 posted by OverwhelmSam on October 14, 2004 at 11:08:51 PT Your Tax Dollars Hard At Work I'm getting a kick of the upcoming election. Never have I seen so many Congressmen scurrying to keep their jobs. And one of the issues that is biting their buts, is harsh marijuana laws. (Snicker)It is the worst kind of contempt toward the citizens when a hostile and cruel government takes tax dollars right out of your paycheck, and then uses it against you for smoking a doobie. Talk about fanatical psychotics, where's the compassion Bushy keeps talking about? I personally haven't seen it. [ Post Comment ] Comment #9 posted by kaptinemo on October 14, 2004 at 10:55:40 PT: More proof of CNEWS is ahead of the curve If you go to the link and look at the last paragraph, it says something that has been said here many, many times before: that the (sovereign) States are fed up with Federal interference, and mean to take back some of that power that had been usurped long ago. And this, of all means, is the way to do it. Clear cut and transparent. No inTERstate commerce, just InTRAstate. It cannot possibly get any simpler than that. No amount of sophistry can deflect the basic facts of the case. The irony, for once, tastes very sweet indeed. [ Post Comment ] Comment #8 posted by Sam Adams on October 14, 2004 at 10:29:30 PT Max F Hell yeah! I agree completely. As Bob said "I & I will not be judged by the laws of man" [ Post Comment ] Comment #7 posted by FoM on October 14, 2004 at 10:18:01 PT Max Flowers Believe me positive notes are sure appreciated. I feel good today and I hope others can see the hope some of us do. [ Post Comment ] Comment #6 posted by Max Flowers on October 14, 2004 at 10:15:42 PT On a more positive note... Kudos to Lockyer for taking the proper stand. What a bright new day it will be if the SCOTUS manage to do the right and humane thing. [ Post Comment ] Comment #5 posted by Max Flowers on October 14, 2004 at 10:11:14 PT Sam Adams You said: "Our personal freedom and right to make decisions concerning ourselves was ceded to others a long time ago."I would respectfully say, speak for yourself sir, I did not cede that right and freedom to anyone and no one can take them away from me, nor will they. Laws and legislation can say what they will but my right to treat myself and control what I ingest is hard-wired into me, and exists in the Constitution. Fear of modern laws is not enough to convince me to give them up. If one accepts the regulations and prohibitions of government, one is reduced to something like an infant strapped into a high chair, forced to swallow what the mommy/government tells one to.In my view, all those others who appear to have ceded their rights have given them up without a fight. Rights, unfortunately but naturally, often have to be asserted to be effective. In the many cases where freedoms were stolen from us by stealth in the dark of night in closed-door sessions, we have to wrest them right back in broad daylight and expose the thieves. [ Post Comment ] Comment #4 posted by Sam Adams on October 14, 2004 at 09:16:25 PT True, but... "His brief noted that the 1970 Controlled Substances Act, which classified marijuana as a dangerous drug with "no currently accepted medical use,'' was passed long before the AIDS epidemic and before large numbers of doctors began recommending pot to counter the effects of therapy for AIDS and cancer."That's true, but it had been used right here in the US and Europe in the previous 150 years for pain (from cancer and other ailments), childbirth, menstrual problems, asthma, digestive problems, etc, etc, etc.It's a shame that federal govt. lawyers are working so hard against this - really shows you what kind of a country this is. Free? Hardly, you're not even allowed to treat yourself when you get sick. Our personal freedom and right to make decisions concerning ourselves was ceded to others a long time ago. [ Post Comment ] Comment #3 posted by Patrick on October 14, 2004 at 09:13:30 PT Another celebrity arrested for cannabis Former child star Macaulay Culkin pleaded not guilty Wednesday in Oklahoma City to charges of possession of marijuana and prescription anxiety pills.http://www.msnbc.msn.com/id/6243073/And how many thugs, terrorists, and other REAL criminals slipped right on by while law enforcement was preoccupied with a half a freakin ounce of the dreaded and evil bring-down-society maryjane????He got busted driving though Oklahoma. Don't they have some of the harshest cannabis sentences in the country? [ Post Comment ] Comment #2 posted by FoM on October 14, 2004 at 08:51:02 PT TroutMask Oh how much I hope you are right! I agree with you on it too! [ Post Comment ] Comment #1 posted by TroutMask on October 14, 2004 at 08:46:07 PT I predict a win for us I think we're going to trounce the Feds on this one. - TM [ Post Comment ] Post Comment