Leave Medical Marijuana Group Alone,

[Tom]

Leave Medical Marijuana Group Alone, Judge Tells Government

By THE ASSOCIATED PRESS

 

Published: April 22, 2004

 

 

AN FRANCISCO, April 21 (AP) — A judge ordered the federal government on Wednesday not to raid or prosecute a California group that grows and distributes marijuana for its sick members.

 

The decision, by Judge Jeremy Fogel of Federal District Court in San Jose, was the first interpretation of an appeals court's ruling in December that federal prosecutions of medical marijuana users were unconstitutional if the marijuana was not sold, transported across state lines or used for nonmedicinal purposes.

 

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Nine states, including California, allow medical marijuana use, but the Justice Department contends that federal drug laws take precedence.

 

Judge Fogel ruled that the government could not raid or prosecute the 250 members of the Wo/Men's Alliance for Medical Marijuana, which sued the government after the Drug Enforcement Administration raided its growing operation in Santa Cruz County in 2002 and seized 167 marijuana plants.

 

The group's director, Valerie Corral, said the group had been receiving and growing marijuana in secret since the raid for fear of being prosecuted. But with Judge Fogel's decision, the group plans to plant hundreds of plants on Ms. Corral's one-acre property in the Santa Cruz hills.

 

`You better believe it we're going to plant," said Ms. Corral, who uses marijuana to alleviate epileptic seizures.

 

A Justice Department spokesman, Charles Miller, said the government was reviewing the decision.

 

The marijuana group asked Judge Fogel to issue the injunction after the United States Court of Appeals for the Ninth Circuit ordered the government in December not to prosecute a sick Oakland woman who smoked marijuana with a doctor's recommendation.

 

The court, ruling 2 to 1, wrote that it was unconstitutional to use 1970 federal law to prosecute sick people with medical recommendations in states with medical marijuana laws..

 

"The intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician is, in fact, different in kind from drug trafficking," Judge Harry Pregerson wrote for the court.

 

The court added, "This limited use is clearly distinct from the broader illicit drug market, as well as any broader commercial market for medical marijuana, insofar as the medical marijuana at issue in this case is not intended for, nor does it enter, the stream of commerce."

 

That decision was a blow to the Justice Department, which argued that state medical marijuana laws were trumped by the Controlled Substances Act, which outlawed marijuana, heroin and other drugs nationwide. The department appealed that Ninth Circuit decision on Tuesday to the Supreme Court.

 

The Controlled Substances Act, as applied to the Santa Cruz cooperative, Judge Fogel wrote, "is an unconstitutional exercise" of federal intervention.

 

Judge Fogel's decision furthers the conflict between federal law and California's 1996 medical marijuana law, which allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation.

 

Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington State have laws similar to California's statute, which has been the focus of federal drug interdiction efforts. Agents have raided and shut down several clubs that grow medical marijuana.

 

The Ninth Circuit has jurisdiction over all those states except Colorado and Maine.

 

The New York Times.

 

[Guest]

Has this ever reached the Supreme Court before or is it the first time? Winning there would be a savage blow to the Justice Department. The fuckers.

[Brainstorm]

Reading the post, it still hasn't reached the US Supreme Court. The Ninth Circuit is a Federal District Court.

 

I think that if the Justice Department wants to challenge this interpretation it will have to go to the Supreme Court though, as this is an interpretation of an Appeal Decision in the Ninth Circuit courts. At least thats my understanding of the way their court system works.

[mrbillz]

(I'm Mr. Billz and I approved this message...): We here in Oregon, USA are troubled with Bush's request to the Supreme Court to "reverse" the 9th appeals court's decisions. Hopefully they realize he is OUT now and they don't have to kiss anybody's asses but the voters now. WISH US LUCK!

[Guest]

Sorry Brainstorm. I should have been more specific. I realise this particular case hasn't reached the Supreme Court yet but the article said its the next step. I was just wondering if any other challenges had been made in other states which might have already gone to the Supreme Court. Thats as far as the legal system goes and I wish them the very best of luck in fighting those federal cunts. Many congratulations in getting as far as they have. It may be opening the way for other legal action. For once the litigious nature of american society is actually paying off. I hope the US Federal Government gets swamped in suits.

 

If this Supreme Court action fails is that the end of it or can it be pursued by other states?

[mrbillz]

Things are getting kinda exciting around. In Southern Oregon a judge ordered the cops to pay damages around $70,000 USD to a patient for illegally confiscated medicine and STRESS! Things are really looking up for a change. Check this out: http://stopthedrugwar.org/chronicle/334/]DRC.NET[/url]

They will keep you informed.