State Medical Marijuana Laws Remain Valid 

State Medical Marijuana Laws Remain Valid 
Posted by CN Staff on June 06, 2005 at 08:18:06 PT
For Immediate Release
Source: ACLU 
Washington, D.C. -- In response to a U.S. Supreme Court ruling today in Raich v. Ashcroft, that the federal government can enforce federal laws prohibiting the cultivation, possession, and use of medical marijuana even in states where medical marijuana is legal under state law, the American Civil Liberties Union urged state and local governments to protect individual patients and their caregivers.
"The power of state governments to enact and enforce state medical marijuana laws is not affected by the Supreme Court’s ruling," said Allen Hopper, a staff attorney with the ACLU’s Drug Law Reform Project. "State laws allowing the use of medical marijuana still offer patients significant protection." In its decision, the Court overturned the Ninth Circuit Court of Appeals ruling that the federal government could not enforce federal marijuana laws against the cultivation, possession and use of medical marijuana by the plaintiffs, Angel Raich and Diane Monson. Angel Raich suffers from several conditions that cause severe, chronic pain, including an inoperable brain tumor, fibromyalgia, endometriosis, scoliosis, uterine fibroid tumors and rotator cuff syndrome. Her doctor warned the Court that she is likely to die if unable to use medical marijuana. Medical marijuana is also the only effective treatment that eliminates Diane Monson’s severe back pain and spasms. Raich v. Ashcroft is the U.S. Supreme Court’s latest look at the medical marijuana issue. In a case brought by the ACLU and others, Walters v. Conant, the Court chose to let stand the Ninth Circuit’s ruling that under the First Amendment doctors can recommend and discuss medical marijuana with patients. Valerie Corral was one of the plaintiffs in the Conant case and founded the Wo/Men’s Alliance for Medical Marijuana (WAMM), a Santa Cruz, California-based hospice center that supplies medical marijuana to critically ill patients. The Drug Enforcement Administration raided WAMM in 2002. After the Ninth Circuit’s ruling in Raich, a federal district court granted an injunction protecting WAMM from further federal raids and prosecution. After today’s ruling, however, WAMM members fear that the injunction will be lifted. "Since the DEA raided us, 150 WAMM members have died. Today’s ruling is very disturbing," said Valerie Corral. "I and all of the patients in WAMM are in a terrible predicament, where we again have to choose between breaking federal law and taking our medicine." In oral arguments last November in the Raich case, Justice Stephen Breyer suggested that patients ask the Food and Drug Administration to reclassify marijuana for medical use as "the obvious way to get what they want," adding, "Medicine by regulation is better than medicine by referendum." The ACLU, however, pointed out in a recent legal challenge to the DEA that the federal government has a policy of obstructing research that could lead to the development of marijuana as a legal prescription medicine. "Doctors and patients would like to take Justice Breyer up on his proposal to develop marijuana as a medicine through the FDA approval process," said Allen Hopper. "But the government’s idea of ‘medicine by regulation,’ is to obstruct research. Now more than ever, Congress and local and state governments need to take action to protect patients and their caregivers." Eleven states have enacted laws allowing patients to use medical marijuana, and a recent CNN/Time poll reported that 80 percent of Americans favor giving patients access to medical marijuana. Information is available online for the ACLU’s legal challenge to the DEA, In the Matter of Lyle Craker -- and the Walters v. Conant case -- Title: State Medical Marijuana Laws Remain Valid Despite U.S. Supreme Court Ruling in Raich v. Ashcroft, ACLU Says  Source: ACLU (NY)Published: June 6, 2005Copyright: 2005 ACLUContact: media Website: Articles & Web Sites:ACLU Raich v. Ashcroft News Supreme Court Allows Prosecution of Marijuana Enters Marijuana Research Dispute
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Comment #19 posted by The GCW on June 06, 2005 at 21:16:28 PT
Vote here Should the federal government prosecute medical marijuana users, now that it has been given the OK by the Supreme Court? * 69575 responses Yes 
10% No 
88% I'm not sure 
2%&&&&LOU DOBBS TONIGHT QUICKVOTE Do you believe the federal government should prosecute doctors who prescribe medical marijuana? Current Results: Yes -- 7% No -- 93% Total: 3264 votes
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Comment #18 posted by jose melendez on June 06, 2005 at 13:57:16 PT
I met the man, very smart.
I met Marshall Frank last summer, he had some very well thought out things to say on camera. Not sure how he can help me more than by what he is doing already, as I understand, LEAP keeps their speakers scheduled non stop.I am thinking about going to this: - - -LEAP Members and Supporters,Author and LEAP supporter, Daniel E. Williams, will be giving a lecture on
drug prohibition at the Harborside Event Center (Fort Myers) on Wednesday,
June 8, at 8:00 pm.He has recently published a book, The Naked Truth About Drugs. This is an
excerpt from his book:"Making us safe from the harm of drugs systematically made us less safe, to
the point today where we are the least safe. And tomorrow will only be
worse. Our drug policy has fostered a lack of respect for others and their
property, both tenets of normative behavior absolutely essential for public
safety. Our prisons are not only overcrowded with drug offenders, they are
overrun with drugs as well. Tell me it's not all insane. Then tell me I'm
insane to believe repealing drug prohibition will be the most significant
law and order legislation of the 21st century."Mr. Williams would very much appreciate having LEAP members and supporters
in the audience and engage them (if they so desire) during the Q&A period.
Very few people in this area are aware of LEAP (and he does plan on
mentioning LEAP in his lecture), so it would be excellent if he were to have
some backup - and for general educational purposes during the Q&A. If you plan to attend, please send Mr. Williams an email (
dedwardwilliams ) to let him know that you will be in the
audience. If you have a background in law enforcement, please also indicate
if you would be willing to contribute your insights during the Q&A.Doors open 7:30 pm
Free Admission
Sponsored by CRONIN HOUSE PUBLISHINGMr. Williams will be doing the same presentation June 18th in Orlando (on
the UCF campus), and June 28th in Tallahassee (FSU campus). Kind Regards,Lincoln Turner Taggart
Administrative Director
Law Enforcement Against Prohibition
27 Austin Road, Medford, MA 02155
(781) 393-6985 lincoln.taggart leap.ccDave in Florida, are you nearby?
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Comment #17 posted by ekim on June 06, 2005 at 13:10:35 PT
Jose try getting a hold of Marshall for tips
Jun 9 05 Military Officers Wives Club 11:30 AM Marshall Frank Tampa Florida USA 
 Speaker Marshall Frank is welcomed by the Military Officers Wives Club of MacDill Air Force Base for discussion of issues related to the failure of the war on drugs. Frank retired as a Captain from the Metro-Dade Police Department in Miami, Florida, where he spent the majority of his thirty years investigating murders or commanding those who didAs his career progressed in drug-saturated Miami, Florida, Frank concluded that the greatest hindrance to reducing violent crime in America is rooted in the black market, which thrives at the behest of political pandering to folks who wrongly believe that anything immoral ought to be illegal. He has written a number of essays pointing out the reasons why drug laws are in serious need of revision, and how the so-called war on drugs is a colossal failure costing taxpayers 69 billion dollars every year. He feels the answer to drug abuse lies in treatment and education, not in warehousing human beings inside cages. Meanwhile, decriminalization of drugs would ultimately reduce violent crime and make streets and homes safer for everyone.
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Comment #16 posted by Hope on June 06, 2005 at 11:40:46 PT
Don't turn yourself in to anyone. Be the knowledgeable soldier of truth that you are. If I recall correctly, Mica is a hideous demon of a drug warrior. Keep your appointment...lay out the facts as you know them and what you want...and come back and tell us what happened.If there is really any power in Love, and I’m still refusing to give up hope in it…it will be with you.
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Comment #15 posted by Dr Ganj on June 06, 2005 at 11:18:02 PT
We are all disappointed
Yes, I understand. We are all emotional over this.
My wife & I ran a small club in Oakland a few years ago, and when the federal pressure was turned up, we shut down.
It was a difficult decision at the time (for us to close), and we were hoping-but not expecting, a positive ruling that would allow us to continue what we love to do-legally.
I can think of nothing more frustrating, than being a farmer, and all those beautiful flowers are deemed illegal by a vote of 6-3.
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Comment #14 posted by Jose Melendez on June 06, 2005 at 10:58:05 PT
OK Dr. Ganj
If I don't like what I see, feel and hear at Congressman Mica's office, I'll turn myself in.Make them spend some of those millions on lawyers that wil have to deal with a sober Air Jose? I'm OK with that. Sure could have used a lawyer . . .
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Comment #13 posted by Max Flowers on June 06, 2005 at 10:58:03 PT
My mistake
Okay, sorry Dr, I missed my guess on what your story is. You are already a veteran obviously. I appreciate your experience and sacrifice. I am angry this morning as you can imagine, and I am feeling like I want to see everyone who cares about this situation to be energized for the continued fight, and not feeding a feeling of defeat.
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Comment #12 posted by Dr Ganj on June 06, 2005 at 10:30:25 PT
Very real, indeed
I spent 8 months in jail for cultivation, and that is about as real as it gets. I've got plenty of fight, believe me, but I knew the Supreme Court would rule for the government.
I've been telling people for years now that the way out of this mess is for everyone who gets busted is to take their case to trial. If everyone did that, it would bankrupt the system.
But by thinking Congress, or the Supreme Court will somehow find a little compassion, or understanding on this issue, is thoroughly, and completely unrealistic.
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Comment #11 posted by Max Flowers on June 06, 2005 at 10:19:36 PT
Dr Ganj
You're a defeatist. I know you'll say you're a "realist", but being a realist is not going to help us win this fight. Only DEFIANCE and OBSTINANCE are going to win us this fight.Maybe cannabis makes you defeatist and lazy. Under these conditions, it makes me angry, motivated, focused and defiant. And optimistic about some more FIGHT. Let's get to it.
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Comment #10 posted by Dr Ganj on June 06, 2005 at 09:44:23 PT
Supreme Ream
I said long ago it would be 6-3, or 5-4 against the plaintiffs.
What is really disturbing, I feel, is that many people like Brian Epis, and Eddie Lepp that were out on bail pending this ruling must now return to prison. Brian for eight more years, and Eddie Lepp is looking at several life sentences in federal prison!
I truly hope Brian was prescient enough to plan for this unfavorable ruling, and is in Canada right now.As to many of you that think Congress is going to pass any law that would allow the use of medical marijuana, keep dreaming. 
Let us all get used to the fact that under federal law marijuana is illegal, and will be that way for many years to come. Sure, for the states that have their medical marijuana laws in place-they stand. But for big growers, and cannabis clubs, be careful, and don't be surprised if the feds start flexing their power. This is now a green light to kick some doors in, point guns at people in wheelchairs, and put them in prison for years.
Nice going, Supreme Court.
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Comment #9 posted by jose melendez on June 06, 2005 at 09:39:29 PT
got representation?
John Mica's office just called. They say I can meet with Dick Harkey in Orlando tomorrow. I strongly suggest everyone fax or priority mail, rather than email your congressional representative to request a meeting _on the record_ to discuss these issues.
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Comment #8 posted by jose melendez on June 06, 2005 at 09:34:49 PT
maybe a freedom of information act request . . .
Maybe a freedom of information act request will show #5 knew in advance. 
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Comment #7 posted by jose melendez on June 06, 2005 at 09:32:30 PT
one day the tide of freedom will reach our shores
Amazingly, since FoM posted, the # of votes has nearly tripled." . . . (per)secute medical marijuana users, now that it has been given the OK by the Supreme Court?"  * 19364 responses
I'm not sure
2%- - -"  . . . not completely suprised . . . "" . . . with the mark of a pen, a member who was in good standing becomes a criminal  . . ."" . . . some 155 members have died since our  inception in 1993 . . .""In many cases there are alternative drugs, but I for one happen to b one of the 25 % of epileptics that do not respond to (approved) medications.""It breaks my heart to think that I have to be a criminal  . . . "" . .  . to stand against your government is a really difficult thing to do . . . we are not."" . . . we are faced with acts of tyrrany by our government . . . "" . .  . I can never convey the fear the injustice the sorrow that I have to be afraid of my own government and my illness"Valerie Corral, interviewed on npr in reaction to the SCOTUS' arbitrary ruling that Congress may prohibit purely medical uses of cannabis despite evidence government blocks research and consistently lies about the safety and efficacy of medical marijuana.Corral said she could not describe what it felt like to have a (criminal) put a gun to her head . . .Now it's well over triple: Live VoteShould the federal government prosecute medical marijuana users, now that it has been given the OK by the Supreme Court?   * 26037 responsesYes10% No89% I'm not sure2% 
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Comment #6 posted by dongenero on June 06, 2005 at 09:14:49 PT
Rosetta Maietta
One thing it means is, she's jumping on the gravy train.What I find fascinating is that she can simultaneously be employed by the Fed as VP of Drug Policy while also being an employee of the civilian PR firm receiving the contracts for anti-drug advertising. If that is not an impropriety, I don't know what would be? 
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Comment #5 posted by FoM on June 06, 2005 at 08:42:04 PT
What's Does This Mean?
Newsweek D.C. Media Manager To Become Bush Anti-Drug VPJune 6, 2006Rosanna Maietta, Newsweek’s Washington media relations manager will join the Bush team as Vice President for Anti-Drug policy tomorrow, RAW STORY has learned.The move was announced Friday in an email to the press. She will join the international public relations firm Fleishman-Hillard.“After five years at Newsweek, I'm leaving on Monday to pursue a new adventure at PR firm Fleishman-Hillard,” she wrote. “It's been a great pleasure to work with you over the years, and I hope we will continue to do so in my new capacity: VP for the White House's anti-drug campaign.” Maietta told RAW STORY Monday she will take her new post Tuesday. She declined to comment further, referring questions on a Monday ruling that overruled state medical marijuana laws to her new firm.Fleishman-Hillard has been an architect of the White House’s aggressive anti-drug campaigns, particularly with regard to marijuana. They pioneered a campaign which encouraged parents to engage their children about drug use.The firm asserts they have successfully changed perceptions about marijuana, “providing a counter-point to the many pro-marijuana messages in the media.” During a 2002 run, the proportion of stories favoring an anti-drug message increased from 26 percent to 78 percent, while the proportion of unfavorable stories decreased from 30 percent to just seven percent.The campaign’s leading messages include “the power of parents to prevent youth drug use,” “outdated perceptions about marijuana contribute to increased use,” “marijuana is addictive,” and “marijuana is riskier than you think.”
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Comment #4 posted by firedog on June 06, 2005 at 08:33:46 PT
Any news on which 3...
...of the SCOTUS justices are reasonable human beings?It's insane that 9 people out of 290,000,000 have the power to make such a decision.
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Comment #3 posted by firedog on June 06, 2005 at 08:31:38 PT
Poll at MSNBC the federal government prosecute medical marijuana users, now that it has been given the OK by the Supreme Court?  Currently:8545 responses,	
	Yes - 9%,
	No - 89%,
	I'm not sure - 1% 
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Comment #2 posted by Sam Adams on June 06, 2005 at 08:30:33 PT
What about Shwarzenhegger?  Is he going to show some courage, or is he a girlie-man?
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Comment #1 posted by FoM on June 06, 2005 at 08:22:15 PT
Here's a press release from the ACLU.
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