cannabisnews.com: Court Writes Prescription for Pot Relief










  Court Writes Prescription for Pot Relief

Posted by CN Staff on July 22, 2002 at 09:33:15 PT
Editorial Opinion 
Source: San Jose Mercury News  

The California Supreme Court has declared that in this state, marijuana will be treated the same as any drug in the medicine cabinet: If a doctor prescribed it, then it's legal.In a unanimous decision, the court last week upheld the right of seriously ill Californians to smoke pot to relieve pain and other symptoms, with a doctor's approval, under Proposition 215, passed in 1996.
The ruling is important in light of a 2001 U.S. Supreme Court decision that ``medical necessity'' is no defense against federal drug charges. The state court, by declaring the federal law irrelevant in this case, basically told the feds that they would be on their own if they tried to prosecute sick people who grow or smoke pot in California.Research has shown that marijuana can greatly improve the lives of people who suffer from cancer, AIDS, epilepsy, glaucoma and other diseases because it relieves pain and stimulates appetite.Yet unlike morphine, codeine and other powerful pain relievers, pot can't be dispensed with a prescription under federal law. California and eight other states have legalized medical marijuana use, but the federal government has refused to recognize those laws.The day before the state court ruling, the Food and Drug Administration approved use of a powerful tranquilizer, gamma hydroxybutyrate or GHB, for treatment of a rare sleeping disorder. GHB was outlawed because it's been linked to date rapes, at least 58 deaths and 5,700 overdoses in a decade. Yet because GHB is so effective for sleep disorder patients, the FDA approved its use, imposing strict reporting requirements to keep it out of the wrong hands.Similar steps could be taken to make marijuana available only to those who need it.The state court ruling did not settle all questions about Proposition 215. Further decisions or legislation are needed to establish reasonable limits on the amount of marijuana a patient can keep for ``personal use.''But by upholding the substance of the proposition, the court assured thousands of Californians that their right to a proven medical treatment will be protected.Note: Medical Marijuana, Despite Federal Law, Now Has Support In California. Source: San Jose Mercury News (CA)Published: July 22, 2002Copyright: 2002 San Jose Mercury NewsContact: letters sjmercury.comWebsite: http://www.sjmercury.com/ Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmCourt: Medicinal Marijuana is Legalhttp://cannabisnews.com/news/thread13469.shtmlCalifornia High Court Backs Medical Marijuana http://cannabisnews.com/news/thread13466.shtml

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Comment #9 posted by FoM on July 23, 2002 at 07:24:20 PT
The C-I-R-C-L-E 
I'm sorry I didn't get back with you. The news was slow and I went to bed a little early but I see you found it and I'm glad!
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Comment #8 posted by The C-I-R-C-L-E on July 22, 2002 at 23:41:24 PT
nevermiiiiiiind...
The CannabisNews search engine does it again!I know, I know...I shoulda just done a search first. For those who didn't catch it, it's makes for some quick but interesting reading
http://www.mpp.org/Zogby.html
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Comment #7 posted by The C-I-R-C-L-E on July 22, 2002 at 23:27:11 PT
HELP! FoM where be you at?
...or anybody that has the link to the itemized Zogby poll results from June 2002. I printed it out but didn't bookmark it and I think I got it here somewheres or another.Anyone got the linkypoo? I'm conjuring up an email to some political parties and politicians for a local meeting here in NorCal...Tanx in advance to whoever has it
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Comment #6 posted by FoM on July 22, 2002 at 19:23:02 PT

News Brief from SFC
A Remedy for Prop. 215 Headaches 

Monday, July 22, 2002 
Copyright: 2002 San Francisco Chronicle

URL: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/07/22/ED132298.DTL 
The State Supreme Court brought some much-needed clarity to the debate about Proposition 215, the 1996 initiative in which voters expressed their strong support for medical marijuana. 

Regrettably, the ensuing years have been marked by over-the-top actions by the two extremes -- the party-time potheads who want to use 215 as cover for the decriminalization of marijuana and a few law-enforcement authorities who refuse to accept the voters' will. 

The state's highest court took the humane and commonsense approach in providing a legal shield to people who use medical marijuana under a doctor's supervision. "The possession and cultivation of marijuana is no more criminal - - so long as (the law's) conditions are satisfied -- than the possession and acquisition of any prescription drug with a physician's prescription," Chief Justice Ronald George said. 

His ruling was consistent with the spirit of Prop. 215, as presented to voters. 

State lawmakers should move forward with legislation for statewide standards on medical marijuana. And the U.S. Congress should enact a bill by Rep. Barney Frank, D-Mass., that would guarantee a state's right to regulate medical marijuana - and end the temptation for the U.S. Drug Enforcement Administration to try to supersede state laws. 

2002 San Francisco Chronicle.  Page B - 6 

Congressional Alert on Medical Marijuana 
http://www.cannabisnews.com/news/thread13439.shtml
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Comment #5 posted by DCP on July 22, 2002 at 14:11:18 PT

FROM NORML
Members of Congress To Hold Press Conference In Support Of Medical MarijuanaNORML  July 18, 2002 - Washington, DC, USAWashington, DC: Congressional representatives, health professionals and patients will be
holding a Capitol Hill press conference on Wednesday, July 24, urging Congress to debate and
approve H.R. 2592, the "States' Rights to Medical Marijuana Act."House Bill 2592, introduced by Reps. Barney Frank (D-MA) and Ron Paul (R-TX), would amend
federal law so that states wishing to legalize and distribute medical marijuana could do so
without running afoul of federal law. The bill has 36 bi-partisan co-sponsors, but has never
received a hearing in Congress. Reps. Frank, Paul, Dana Rohrbacher (R-CA) and former top
Reagan presidential aide Lyn Nofziger are confirmed to appear at next week's conference. According to a nationwide poll conducted by the Pew Research Center, 73 percent of Americans
support the legalization of medical marijuana. Since 1996, nine states have passed legislation
protecting patients who use the drug from criminal penalties."Congress must no longer ignore the will of the American people and the needs of seriously ill
patients," said NORML Executive Director Keith Stroup. "Congress needs to approve H.R. 2592
and allow states to implement their own medical marijuana policies unimpeded by the federal
government."For more information on next week's press conference, please visit:
http://www.norml.org/index.cfm?Group_ID=5347 . 

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Comment #4 posted by kaptinemo on July 22, 2002 at 13:50:53 PT:

4D, you might want to have a look at this...
It underlines what you've been saying about the Internet for years. Anyone who thinks that "It can't happen here!" with regards to corporations squeezing the 'Net and making it another corporate fiefdom ought to have a look, too:Gagged by Google
Body Shop founder censored by search engine
http://www.workingforchange.com/article.cfm?ItemID=13392
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Comment #3 posted by The GCW on July 22, 2002 at 12:37:50 PT

unanimous 
We are starting to see large groups of people in favor of some sort of change in cannabis law.Now we will start to see some of those large #s being discribed in the "unanimous" catagory.Soon, it may be unanimous that anybody in favor of caging a human for using cannabis is worthless.Bush and his goons, perhaps being the last hold outs. 
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Comment #2 posted by kaptinemo on July 22, 2002 at 11:11:03 PT:

Dorsal fin? What dorsal fin?
(Busily chumming the water the Feds are bobbing in with fishguts and blood.)Here, sharkie-sharkie-sharkie! Got some nice fresh meat for ya! Mmmmmm!
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Comment #1 posted by Dark Star on July 22, 2002 at 10:04:44 PT

Good Point
This anonymous editorial points out the salient fact that even "dangerous" drugs can be regulated for appropriate use. Just because some people develop a preference toward morphine and cocaine does not mean that they should be eliminated from the pharmacological array. If the American public, California judges, and now newspaper editors realize this truth, why is it so hard for politicians to understand?There is now federal blood in the water. I, for one, encourage everyone to call out the sharks, and ensure that cannabis prohibition is devoured, digested, and excreted now and for all time.
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