cannabisnews.com: If All Else Fails, Let Patients Use Marijuana 





If All Else Fails, Let Patients Use Marijuana 
Posted by CN Staff on July 20, 2005 at 06:02:07 PT
By Nancy J. Adams 
Source: Democrat and Chronicle
New York -- The recent Supreme Court ruling that allows federal authorities to prosecute patients who smoke marijuana on doctors' orders was a stunning blow for advocates of medical use of marijuana. At issue was whether the prosecution of medical marijuana users under the federal Controlled Substances Act was constitutional. The ruling concluded that state medical marijuana laws do not protect users from a federal ban on the drug. The use of marijuana is authorized in 10 states  Alaska, Arizona, California, Colorado, Hawaii, Maine, Maryland, Nevada, Oregon and Washington. However, Justice John Paul Stevens, writing the 6-3 decision, did say that Congress could change the law to allow states to authorize the medical use of marijuana.
The New York State Medical Society urges Congress to take that step.The society, after considering expert testimony, a report from the American Medial Association Council on Scientific Affairs and the Institute of Medicine's "Marijuana and Medicine: Assessing the Science Base," did adopt a resolution in full support of state legislation, proposed before the Supreme Court ruling, that would have added New York to the 10 states that allow medical use of marijuana. The Supreme Court ruling effectively killed the New York state bill. However, the New York Medical Society's resolution states:"That ... the use of marijuana may be appropriate when prescribed by a licensed physician solely for use in alleviating pain and nausea in patients who have been diagnosed as chronically ill with life-threatening disease, when all other treatments have failed; "That the physicians who prescribe marijuana for patient use, subject to the conditions set forth above, shall not be held criminally, civilly or professionally liable; "That the Medical Society support continued clinical trials on the use of marijuana for medical purposes."The proposed New York state legislation was amended to reflect the medical society's resolution and is in line with policy set by the American Medical Association. Other safeguards also were included in the proposed New York legislation. Certification of medical marijuana use would be valid for six months, would be kept on file at the Health Department and in the patient's medical record. The patient would hold the original. Certified users would be allowed to possess up to 21/4 ounces of marijuana and would not be allowed to use it in public. Scientific data support the therapeutic value of medical marijuana for pain relief, control of nausea and vomiting, and appetite stimulation in patients who suffer from HIV/AIDS, cancer, multiple sclerosis and other life-threatening illnesses. However, because smoking marijuana delivers harmful substances in addition to those that relieve symptoms, smoke-free delivery systems need to be developed. When prescribed in accordance with the standards set forth by regulatory agencies, marijuana can offer relief not found in other medications. It is for these reasons that the medical society urges Congress to change the federal law to allow medical use of marijuana. Adams is executive director, Monroe County Medical Society. Complete Title: If All Else Fails, Let Patients Use Marijuana To Ease Pain, NauseaSource: Rochester Democrat and Chronicle (NY)Author: Nancy J. Adams Published: July 20, 2005Copyright: 2005 Rochester Democrat and ChronicleContact: dceditpage democratandchronicle.comWebsite: http://www.democratandchronicle.com/Related Articles & Web Site:NY for Compassionate Carehttp://www.nycompassionatecare.org/High Court Clouds Medical Marijuana Debatehttp://cannabisnews.com/news/thread20911.shtmlMedical Marijuana in New York? Yeshttp://cannabisnews.com/news/thread20742.shtml
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Comment #3 posted by jose melendez on July 21, 2005 at 09:14:10 PT
smoked out
What do you do, do you do?http://www.scienceblog.com/cms/node/8494 He loves me, he beats me not:http://www.hindustantimes.com/news/7242_1437612,00180007.htm Six Feet Over:http://www.ukiahdailyjournal.com/Stories/0,1413,91~3089~2975361,00.html
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Comment #2 posted by FoM on July 20, 2005 at 21:21:17 PT
News Article from AP: Donald Nord
 Federal Judge Rules That Agents Do Not Have To Return Confiscated DrugsJuly 20, 2005DENVER (AP) - A federal judge ruled Wednesday that six federal law-enforcement officers cannot be held in contempt for refusing to return marijuana to a man who has a state-issued medical-use permit for the drug.Donald Nord, of Hayden, asked the Routt County Court to hold the officers in criminal contempt until they gave him the marijuana and smoking pipes that were confiscated from his home in a federal drug raid in October 2004.Nord had a Colorado medical marijuana registry card, which authorized him to posses two ounces of marijuana under state law. A federal drug task force raided the home, but no federal charges have been filed against him. The Routt County Court ordered all items returned to Nord.When the Drug Enforcement Administration agents refused to do so, Nord sought contempt proceedings. The agents responded by asking the U.S. District Court to dismiss the criminal citation.Federal Judge Walker Miller ruled that the local court did not have jurisdiction to hold the agents in contempt, because they qualified for federal immunity.A federal officer is immune from state prosecution if the agent was ''performing an act which he was authorized to do by the law of the United States'' and ''did no more than what was necessary and proper for him to do,'' according to the judge's ruling.Refusing to return the marijuana and the pipes is consistent with federal law, Miller said in his ruling.''I find that (the agents) were performing acts that were authorized or that they reasonably believed were authorized by valid federal law,'' Miller stated in the ruling.Copyright: 2005 Associated Presshttp://www.casperstartribune.net/apdata/wire_detail.php?wire_num=238993Related Articles:Pot Case Off To Federal Court: http://cannabisnews.com/news/thread18478.shtmlNord's Pot Case Goes To Denver 
http://cannabisnews.com/news/thread18265.shtml 
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Comment #1 posted by FoM on July 20, 2005 at 11:13:19 PT
Off Topic: MSNBC Question of the Day
Do you think Supreme Court nominee John Roberts should be confirmed?http://www.msnbc.msn.com/id/3080261/
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