cannabisnews.com: Florida High Court Dismisses State's Challenge!





Florida High Court Dismisses State's Challenge!
Posted by FoM on June 04, 1999 at 06:53:52 PT
To Medical Marijuana Necessity Defense 
Source: NORML
Tallahassee, FL The Florida Supreme Court let stand today a decision allowing seriously ill patients to raise the defense of "medical necessity" against criminal prosecution if they are using marijuana medicinally.
  "This is a pivotal decision for the thousands of patients in Florida who need marijuana to relieve pain and suffering," said NORML Executive Director R. Keith Stroup, Esq. "Without the protection offered by this defense, patients would be subject to harsh jail sentences for using the only medicine that helps them."   The Court dismissed a petition by the state to overturn an appeals court ruling affirming the defense. Florida courts had previously exempted glaucoma and AIDS patients from criminal prosecution because they demonstrated a bona fide medical need to use marijuana.   The defendant in this case, George Sowell, cultivated marijuana to treat glaucoma and combat nausea. NORML Legal Committee member Grant Shostak of St. Louis, Missouri, filed an amicus curaie brief for The NORML Foundation in support of Sowell.   For more information, please contact Grant Shostak of the NORML Legal Committee   (314) 725-3200 or R. Keith Stroup, Esq. of NORML   (202) 483-5500. 
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Comment #4 posted by marijane on June 07, 1999 at 06:01:32 PT
legelaze
why can people drink likeur but can t smoke weed
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Comment #3 posted by Pat on June 04, 1999 at 19:54:21 PT
Post Script to Mr. George Sowell & Grant Shostak..
Dear Mr. George Sowell,many thanks for your continuing efforts. Also, I would like to thank: NORML Legal Committee member Grant Shostak of St. Louis, Missouri, who filed an amicus curaie brief for The NORML Foundation in support of Sowell. Thank you, Mr. Grant Shostak, and thanks to the other good folks from NORML. Best Luck to all you guys!Pat.
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Comment #2 posted by Pat on June 04, 1999 at 18:59:38 PT
Ps: George is a typical older American, with ...
... numerous illnesses. He also has Glaucoma sp?, and, we may presume, high blood pressure, and "heart" disease, etc., too.Perhaps here would be a good place to point out that many (most, or all...) US citizens cannot safely take many pharmaceutical drugs. Even IF (and, folks, that's a very big IF), using cannabis "ONLY" helped folks SAFELY feel better, and had "no" other medical use whatsoever, Free Americans have the moral right to use it as they see best, for their own health.BTW, there is no pharmaceutical drug which safely allows folks to feel better, as the Cannabis Plant does. I read that in the Physicians Desk Reference, that there are seven columns of Precautions for the popular anti-depressant drug, Prozac. Seven Columns of Precautions....Query: when are Americans ever going to be Free?Thanks.
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Comment #1 posted by Pat on June 04, 1999 at 18:50:32 PT
I saw George on tv and he said that while he was..
... happy with what had transpired in court, he would still take his case back to the appeals court.Hi FoM and All,George looked to be a guy in his mid fifties or so. However, he has been very ill, so, he may actually be younger. He apparently suffered from very serious kidney disease, and he has had (at least) one kidney replaced. Of course, the docs put him on lots of toxic, "white powder" drugs, including anti-rejection drug(s.) [Prescribing toxic, white powder drugs, (which, most unfortunately..., sometimes kill their patients), is ONE thing doctors do very well indeed....] I believe George said these drugs made him sick, or quite ill. I also think he said that he found that he needed "marijuana" to allow, or to help, him keep his prescription drugs "down."... Anyway, he said that while he was glad at the outcome, he *still* was going to take the case to the appeals court. He said he wants to get "marijuana" legalized, so he can legally take it, (for his health.) So... apparently what happened here, is that the court has only decided not to send George into prison. He STILL, apparently, cannot grow or use cannabis, legally (as I understant it.)Of course, the local sherriff, says he'll keep "enforcing the law." BTW, the tv reporter asked 3 local citizens what they thought about this case. Citizen One said: ~"I think it should remain illegal." Citizen Two said: ~"I think they should only allow it to be prescribed by doctors." Citizen Three said: ~"I think it should be only prescribed by doctors; I don't think people should be allowed to use it, just to get high."Thanks, Pat.
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