cannabisnews.com: Medical Marijuana Users Sue Federal Officials
Medical Marijuana Users Sue Federal Officials
Posted by CN Staff on October 09, 2002 at 14:59:09 PT
By The Associated Press
Source: Herald-Tribune
Two medical marijuana users filed suit Wednesday against federal authorities in an effort to try to stop government raids on pot used by sick patients.The lawsuit, filed in U.S. District Court in Oakland, argues U.S. Attorney General John Ashcroft and Drug Enforcement Administration director Asa Hutchinson are violating the Fifth, Ninth and 10th amendments as well as a commerce clause by cracking down on medical marijuana use.
Plaintiffs Angel McClary Raich of Oakland and Diane Monson of Oroville say they require medical marijuana to help ease the pain of their illnesses. Raich suffers from wasting syndrome, nausea and a brain tumor, and Monson endures chronic pain and spasms, said attorney Robert Raich, who is Angel's husband."We are seeking the right of these patients to obtain the medicine they absolutely need free from fear of reprisal from the federal government," he said.Robert Raich said he will seek an injunction prohibiting the federal government from bothering medical marijuana patients and their growers. The suit charges federal raids on medical marijuana growers are threatening people's health and their lives. It also argues the federal government has no jurisdiction for crackdowns within California, since the pot is grown and distributed within the state and does not involve interstate commerce.California is one of eight states that allow pot to be grown and distributed to people with a doctor's prescription. Federal law prohibits all use of marijuana.Calls to the DEA and Ashcroft's office seeking comment were not immediately returned Wednesday.Source: Sarasota Herald-Tribune (FL)Published: October 9, 2002Copyright: 2002 Sarasota Herald-TribuneContact: editor.letters herald-trib.comWebsite: http://www.heraldtribune.com/Related Articles & Web Site:OCBChttp://www.rxcbc.org/ The Supreme Court Rules on Medical Marijuana http://cannabisnews.com/news/thread9794.shtmlAmerica's Last Dance with Mary Jane? http://cannabisnews.com/news/thread9783.shtml
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Comment #15 posted by The C-I-R-C-L-E on October 10, 2002 at 01:58:02 PT
Rescheduling : Round Three
Here is the latest information on the petition that was filed today by he Coalition for Rescheduling Cannabis.From: Jon Gettman
Subject: Rescheduling Press ReleasePRESS RELEASE FROM
THE COALITION FOR RESCHEDULING CANNABISFOR IMMEDIATE RELEASE See List Below
Wednesday, October 9, 2002 for Coalition Members
and Contact InformationNATIONAL COALITION SEEKS RECOGNITION OF
THE ACCEPTED MEDICAL USE OF CANNABIS IN THE UNITED STATES;
Petition Provides Scientific Argument For ReschedulingA coalition of organizations advocating medical access to cannabis filed a comprehensive rescheduling petition with the Drug Enforcement Administration (DEA) on October 9, 2002.The DEA currently classifies marijuana as a schedule I substance, which prohibits medical access to cannabis and places both costly and severe restrictions on further medical research. The Coalition for Rescheduling Cannabis has provided detailed evidence challenging DEA's determination that cannabis has no accepted medical use in the United States. This petition seeks to have marijuana removed from schedule I and place in a less restrictive schedule that provides for medical use based on a doctor's prescription. If successful, this petition would also eliminate the clash between federal law and the laws of states that accept and recognize the medical use of cannabis.According to the petition: "Key developments in the assessment of marijuana's medical use include: acceptance of marijuana's medical use by health care professionals; recognition of marijuana as a medicine of last resort by the Institute of Medicine of the National Academy of Sciences; recognition of the therapeutic properties of cannabinoids by the scientific community and health care providers; the emergence of basic research explaining the mode of action of cannabis-based medicines; the emergence of clinical research on the medical use of cannabis; and acceptance of marijuana's medical use by eight states. These developments contradict the [current] classification of marijuana as having no accepted medical use in the United States."A prior attempt to force marijuana's rescheduling by Jon Gettman and High Times was rejected by the Drug Enforcement Administration and the U.S. Court of Appeals decided that petitioners were not sufficiently injured to have standing to challenge DEA's determinations in federal court. The Coalition's petition argues that "in their review of the Gettman petition neither DEA nor HHS gave any consideration to marijuana's medical use, its safety for use, its relative abuse potential or its relative dependence liability, as called for by the Controlled Substances Act (CSA). This petition addresses all of these relevant issues.""This petition is being filed by a coalition of interested parties including non-profit organizations and individual citizens. The membership of these organizations and these individual citizens have various interests in the appropriate scheduling of cannabis under federal law, including but not limited to an interest in legal access to cannabis for therapeutic use based on existing medical conditions."The Coalition for Rescheduling Cannabis is comprised of the American Alliance for Medical Cannabis, Americans for Safe Access, California NORML, the Drug Policy Forum of Texas, Jon Gettman, High Times, Iowans for Medical Marijuana, the Los Angeles Cannabis Resource Center, the National Organization for Reform of Marijuana Laws, the Oakland Cannabis Buyers Cooperative, Patients Out of Time and other interested individuals.The full text of the petition in on-line at http:// www.drugscience.org. Please contact coalition member organizations for additional information and comment.American Alliance for Medical Cannabis
West Hills, CA 91304
Contact: Jay Cavanaugh
Phone: (818) 346-4493Americans for Safe Access
Berkeley, CA 94709
Contact: Steph Shearer
Phone: (510) 486-8083California NORML
San Francisco CA 94114
Contact: Dale Gieringer
Phone: (415) 563-5858Drug Policy Forum of Texas
Houston, Texas 77055
Contact: Jerry Epstein
Phone:(713) 784-2637 or (713) 784-3196Jon Gettman
Lovettsville, VA 20180
Phone: (540) 822-9002High Times
New York, NY 10003
Contact: Steve Hager
Phone: (212) 387-0500Iowans for Medical Marijuana
Des Moines, IA 50333
Contact: Carl Olsen
Phone: (515) 288-5798Los Angeles Cannabis Resource Center (LACRC)
West Hollywood, CA 90046
Contact: Scott Imler
Phone: (323) 874-0811National Organization for the Reform of Marijuana Laws (NORML)
Washington, D.C. 20036
Contact: Donna Shea
Phone: (202) 483-8751New Mexicans for Compassionate Use
Santa Fe, NM 87507
Contact: Bryan Krumm
Phone: (505)473-3189Oakland Cannabis Buyers Cooperative (OCBC)
Oakland, CA 94612-0401
Contact: Jeff Jones
Phone: (510) 832-5346Patients Out of Time
Howardsville, VA 24562
Contact: Al Byrne
Phone: (434) 263-4484
If you have not visited the OCBC Legal Defense support page https://www.rxcbc.org/support/ldf_support.php please do so to support the OCBC Federal civil case that has been ongoing since Jan 9, 1998. All donations are tax-deductible to the full extent of the law.
[ Post Comment ]
Comment #14 posted by canaman on October 09, 2002 at 23:51:03 PT
San Diego covered the story also
KGTV:
http://www.thesandiegochannel.com/sand/news/stories/news-171177320021009-161046.htmland San Jose Mercury News did a good write up:
http://www.bayarea.com/mld/bayarea/4248812.htm
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Comment #13 posted by canaman on October 09, 2002 at 23:01:08 PT
KTVU (FOX) covered the MMJ lawsuit also
The 10 O'Clock news just played their version of the same story. Just as heartwrenching as the other coverage. This may get a fair amount of national coverage because of the states vs. federal rights issue. partial transcript? http://www.bayinsider.com/partners/ktvu/news/2002/10/09_pot.html
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Comment #12 posted by Had Enough on October 09, 2002 at 22:00:15 PT
Good video
97 lbs. of pure American Spirit. Good Luck and Gods speed to these modern day minutemen.
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Comment #11 posted by afterburner on October 09, 2002 at 21:15:44 PT:
Thanks FoM: the video is very sincere and hopeful.
Canada has already granted the right of cultivation to 817
people. Meanwhile on the other side of the Medicine Line
these brave women are trying to get the same rights in the
"Land of the Free." God bless them. The whole country is
"waiting to exhale." "When will they [the federal government] ever learn. When will they ever learn." "Andrew Swift, spokesperson for Health Canada, stressed that the licenses only exempt licensees from the laws around possession and cultivation of marijuana....The licensing program started in 1999. About 817 people across Canada are now licensed to possess marijuana with the majority also licensed to cultivate it for their own use. Licensees can also designate others to cultivate it for them if their living situation doesn't permit them to grow it on their own." CN BC: Answers Sought On Legal Grow-Op
URL: http://www.mapinc.org/drugnews/v02/n1886/a07.html
Newshawk: Join CMAP (http://www.mapinc.org/cmap/lists.htm)
Pubdate: Fri, 04 Oct 2002
Source: New Westminster Newsleader (CN BC)
Copyright: 2002 New Westminster Newsleader
Contact: newsroom newwestnewsleader.com
Website: http://www.newwestnewsleader.com/
Details: http://www.mapinc.org/media/1297
Author: Wanda Chow
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis -
Medicinal - Canada)
CN MB: Column: Medical Marijuana Ban An Unjust Law
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Comment #10 posted by FoM on October 09, 2002 at 21:10:09 PT
canaman
I thought it was very good too. Let's hope that this will bring the issue back into the news like it should be. I wonder if Terri Garr has every used Cannabis since she said she has been battling MS for many years. I bet she has.
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Comment #9 posted by canaman on October 09, 2002 at 21:00:19 PT
that KRON TV clip is excellent FoM
I saw ABC mikes and at least 3 news cameras rolling. Lets hope this is the begining of some real national news coverage. These two women are exceptional to step up to the plate like they are. And their storys are so compelling how can the networks resit. "The War on Sick American Women" a mini series. Go ahead Walters call them liars...I dare ya!End the War!!!Give Peace a chance!!!
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Comment #8 posted by FoM on October 09, 2002 at 20:30:09 PT
KRON TV Medical Marijuana Video
http://www.kron4.com/Global/story.asp?S=966969&nav=5D7l63zmBi24
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Comment #7 posted by knox42897 on October 09, 2002 at 18:28:14 PT:
PROTEST RALLY TOMORROW
Who: NRLE, the campaign to pass Question 9What: A rally to support Question 9. Assemblywoman Chris Giunchiliangi will
be tapping a segment opposite the Federal Drug Czar on John
Ralston's show, "day one" on channel 8.When: THURSDAY, October 10, 2002. 11:00 a.m. PRESS EVENT.
Supporters please arrive by 10:15 a.m.Where: Near the Channel 8 Studios. 3228 Channel 8 Drive, the cross streets
are paradise and convention center drive. We will meet outside the
parking garage and assemble on the sidewalk near the studios. We will
validate your parking ticket.Why: To show our support for Question 9 and courageous spokespeople like
Assemblywoman Chris Giunchigliani. Nevadans DON'T appreciate the
Federal Government coming into our state and telling us how to vote on
Question 9. This is YOUR chance to be part of this historic effort. Look
professional-- the dress is business casual. We will have signs on hand
for supports to wave.
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Comment #6 posted by Had Enough on October 09, 2002 at 17:15:55 PT
Another Battle to be fought
I had always wondered about something like this. This is another battlefront to be fought and won. It’s these bits and pieces that will bring about change, and this is a big piece. This is fighting fire with fire. With persistence and financing, WE THE PEOPLE are going to be heard. The true American Spirit will always back the underdog once the truth is known. There is a lot happening here. With California, Nevada, and all the other states that have passed measures in support, Federal regulations will have to change. It’s been said that it will take an Act of Congress to change the law, well fellow man, what we are seeing is big step toward that goal. I would like to use the word beginning in the previous line, but it really began years ago, it’s taken so long to really see changes visible changes, but there it is. It will still a long fight ahead, and it will be done.Another thing I was wondering about. If enough states pass laws for change does this affect Federal regulations? I remember something from school about this, but I'm not sure.Do your part VOTE VOTE VOTE Do not forget our friends at http://www.nrle.org They need money, a lot of it and now. Send them anything. Every bit helps. Nevada is taking a big step for man, and a huge, gigantic leap for mankind.
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Comment #5 posted by medicinal toker on October 09, 2002 at 16:59:10 PT
Hope this one works!
Hopefully the CA judges will be a bit more amenable to this suit than Judge Katz of Philly was for the Action Class for Cannabis Therapeutics. That looked promising, but then they must have got to Judge Katz, and he ruled in the feds favor. He was a Reagan appointee. Who knows what threats made him cave, after observing at one point, "How would people feel if only 8 people had access to morphine? (Bob Randall was still alive then.)
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Comment #4 posted by canaman on October 09, 2002 at 15:42:59 PT
How about a class action suite against the feds?
I know about 100,000 people in Nevada alone who would sign.
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Comment #3 posted by mayan on October 09, 2002 at 15:30:32 PT
Going Down...
"The lawsuit, filed in U.S. District Court in Oakland, argues U.S. Attorney General John Ashcroft and Drug Enforcement Administration director Asa Hutchinson are violating the Fifth, Ninth and 10th amendments as well as a commerce clause by cracking down on medical marijuana use."It's about time some patients went on the offensive! Force these bozos to defend themselves & the world will see that they have no defense. This entire administration is going down, but we must prevent them from taking the rest of the world with it!unrelated -SHAYLERGATE:British Press Gagged on Reporting MI6's £100,000 bin Laden Payoff!!! -
http://www.scoop.co.nz/archive/scoop/stories/47/73/200210091024.30acdc74.htmlBritain 'sheltering al-Qaeda leader':
http://news.bbc.co.uk/2/hi/uk/2115371.stmCIA Chief: Iraq May Resort to Terror - (Get ready for another staged "terror attack")
http://www.activedayton.com/ddn/news/ap/ap_story.html/Washington/AP.V9943.AP-US-Iraq.htmlAN ANTI-WAR PHOTO ALBUM:
http://whatreallyhappened.com/protestphotos.htmlCome to Washington, DC on October 26th! Protest the Crimes of the Government,the 9/11 Cover-up and the Imperial invasion of Iraq.
http://www.internationalanswer.org/FBI reluctant to let panel interview pair in 9/11 probe:
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2002/10/06/MN597.DTLAlhazmi and Almihdhar: The 9/11 Hijackers Who Should Have Been Caught -
http://www.cooperativeresearch.org/completetimeline/AAkhalidandnawaf.html
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Comment #2 posted by p4me on October 09, 2002 at 15:30:17 PT
How about everyone else?
Well, we see how the author rates the eight state debate? I say 10, because of Illinois and everyone should now the other 9. But anyway, how about the other states. Why do people in North California get it better than anyone else? Well, I guess they are educated and united. Man, North Carolina looks backwards. Is government leadership an oxmoron or are they just morons? You know, the one thing. Walter never does is tell us how he can ignore the 3 in 4 citizens that know marijuana is medicine. That leaves only one in four ignorant of the fact. Do we have to go all the way to 99% to 1 to change things, and does the fact that the upper 1% have twice as much as the lower 99% have anything to do with continued denial of facts. I thought majority had to do with people and not "stuff." The big question is how can they ignore the majority of US all? I guess we let them. Yep, I learned not to ask any questions around here and if you ask them, you end up answering them anyway.DAD-D,1,2
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Comment #1 posted by JR Bob Dobbs on October 09, 2002 at 15:24:23 PT
While you're at it
Could you get the feds to stop lying about cannabis with our tax dollars?
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