cannabisnews.com: Bush Lawyer Blasts State Marijuana Laws Bush Lawyer Blasts State Marijuana Laws Posted by CN Staff on August 10, 2003 at 11:28:52 PT By Anne Gearan, Associated Press Source: Associated Press San Francisco -- California and other states that want to make marijuana available to sick or dying patients are flouting federal drug laws in much the same way that Southern states defied national civil rights laws, a senior Bush administration lawyer said.California is ground zero in a long tug of war with the federal government over the medical value of marijuana and the power of state governments and voters to make exceptions for people who may benefit from the illegal drug. Five major federal lawsuits involve those who grow, use or recommend marijuana for medical use in California.The Bush administration has asked the Supreme Court to settle the latest fight by agreeing that Washington has the power to revoke medical licenses of doctors who invoke state laws and recommend pot for their patients.States cannot choose when to abide by federal law and when not to, Justice Department lawyer Mark Quinlivan said Saturday."You cannot cherry-pick," said Quinlivan, the top federal trial lawyer in three of the pending cases and a panelist at an American Bar Association discussion of medical marijuana.California voters passed Proposition 215 in 1996, legalizing marijuana for medical use. Eight other states followed suit.Federal law recognizes no medical purpose for the drug and bans its private production, sale or use."There is a basic question of what power does California have," said lawyer Gerald Uelman, Quinlivan's opponent in two cases. The federal law regulating drugs "is not a federal takeover of the medical system" or the duty of doctors to help the very ill, Uelman said.Uelman and a California attorney general's office lawyer objected to the civil rights analogy and the notion that California is asserting the same kind of states' rights argument that Alabama used to try to avoid desegregating its schools.When government agents shut down marijuana growers who serve sick people, it is "not acting with the same degree of moral propriety as it did to end civil rights abuses," said Taylor Carey, a California special assistant attorney general who wrote a friend-of-the-court brief backing medical marijuana.California's fight with Washington has extended through the Democratic Clinton administration and the Republican Bush administration. The Supreme Court ruled against an Oakland marijuana distribution club two years ago, finding the federal drug law allows no exception for people to use pot to ease pain from cancer, AIDS or other illnesses.The high court has not yet said whether it will hear the latest California case. The Bush administration wants the court to strike down a lower court ruling blocking punishment or investigation of physicians who tell patients they may be helped by the drug.The administration's appeal, filed last month, argued that the ruling of the San Francisco-based 9th U.S. Circuit Court of Appeals keeps the U.S. Drug Enforcement Administration from protecting the public.The ruling licenses doctors to treat patients with illegal drugs, and physicians who urge patients to use pot are no different from a doctor who might recommend heroin or LSD, Solicitor General Theodore Olson argued.At issue is a Clinton-era policy that requires revocation of federal prescription licenses of doctors who recommend marijuana.The appeals court said the policy interferes with free-speech rights of doctors and patients. Physicians should be able to speak candidly with patients without fear of government sanctions, the court said, but they can be punished if they help patients obtain the drug.ON THE NETAmerican Bar Association: http://www.abanet.orgSupreme Court case file in Walters v. Conant: http://www.supremecourtus.gov/docket/03-40.htm Source: Associated PressAuthor: Anne Gearan, Associated PressPublished: Sunday, August 10, 2003 Copyright: 2003 Associated Press Related Articles & Web Site:WAMMhttp://www.wamm.org/ Walters v. Conanthttp://www.freedomtoexhale.com//cw.htmFederal Lawyer Likens Pot Law To Civil Rights http://cannabisnews.com/news/thread17035.shtmlMedical Pot Gets Its Day in Court http://cannabisnews.com/news/thread16978.shtmlJudge Seeks Help From Pot Advocates http://cannabisnews.com/news/thread16779.shtml Home Comment Email Register Recent Comments Help Comment #17 posted by FoM on August 11, 2003 at 21:29:30 PT News Article from BBSNews Counter-Productive Destructive War on Some Drugs: A Family Perspective BBSNews - 2003-08-11 -- Recently in the news the Bush administration has once again made it clear that it is jail for medical marijuana users. Even a doctor discussing marijuana as a medicinal herb is planned to be a federal offense. It's been said that states cannot "cherry-pick" which laws will be followed. It is decreed by law that the plant, marijuana, has no medicinal benefit. In 1971. It is common knowledge now that this is ludicrous. Most Americans know this. That's why the polls show about seven out of ten are in favor of medical marijuana. What people have to understand here is that hurting and in pain folks are being terrorized and arrested by prohibition agents. How can it possibly be good public policy to cage people who are simply trying to seek some relief from their various and frail physical conditions? Complete Article: http://bbsnews.net/bw2003-08-11.html [ Post Comment ] Comment #16 posted by FoM on August 11, 2003 at 19:58:31 PT Related Pictures To Above Article http://story.news.yahoo.com/news?g=events/pl/072903medmarijuana&a=&tmpl=sl&ns=&l=&e=1&t=&prev=2 [ Post Comment ] Comment #15 posted by kaptinemo on August 11, 2003 at 10:40:59 PT: Oh, now this is rich! (Laughing) Let's see: the people behind the Busch Regime are so intent upon destroying the ability of government to interfere in every aspect of our lives - save the ones near and dear to their wallets or twisted fundie beliefs - that they are running roughshod over environmental regulations and civil rights at a frightening pace.They have locked up US citizens as 'enemy combatants' and denied them Constitutionally mandated counsel.And now they are going to get on their high horse and ringingly defend the legal system? The one they have wiped themselves with since an escaped simian was mistaken for a human from Texas and placed in the White House? The one they say must not be treated like a Chinese menu?Who's 'picking and choosing' now? [ Post Comment ] Comment #14 posted by The GCW on August 11, 2003 at 04:26:28 PT Are they shooting themselves in the foot, here? California and other states that want to make marijuana available to sick or dying patients are flouting federal drug laws"!!!" in much the same way that Southern states defied national civil rights laws,"!!!" The Gov. exposes its shortcomings. Even a kid should know the differences here. There are people being directly harmed by defied national civil rights laws.No one forces people to use cannabis, but there are people asking to be left alone to choose what they wish, while ill. And they are requesting to be not only left alone, but not put in a cage, for using the plant of their choice, while sick.I think We could teach this to a dog... but We can not teach this to the spirit of error. Earth is being screwed by the spirit of error.People do not run earth. Corporations run earth. Men put words into the corporation's mouth and then as though they are the words of God, they obey them. [ Post Comment ] Comment #13 posted by JustGetnBy on August 10, 2003 at 17:47:07 PT Retirement You hit the nail on the head about retirement and political activity. I have been retired Two years, and I have written, E-Mailed and called my Federal and State Legislators more than in the past Twenty years. [ Post Comment ] Comment #12 posted by Virgil on August 10, 2003 at 17:37:14 PT I must join my people In a few hours I will be eligible for membership in AARP. They have a messageboard with many topics- http://www.aarp.org/boards/I will have a talk with my people. I will seek help and offer condemnation of the pill people. It will be the old people that have the time and experience and attention that will change things. Please help a senior or your senior center get people on the Internet. If you are a senior reading this, take up the cause. Everything is wrong with the War of Insanity that the prohibitionists call the WOD. I am mostly recruiting for the Extremist Party, but a cannabis perspective can go a long way in seeing the corruption that has lead us to our place of financial national ruin. Think of your children and grandchildren and lets end this WOD that brings us lies and a police state. Everything is upside down. We must again turn things rightside up. Do something patriotic and let's Free Cannabis For Everyone. It is the ninth inning so we need to hit a homerun for freedom. You start when you call bullshit. [ Post Comment ] Comment #11 posted by i420 on August 10, 2003 at 17:10:42 PT Thanks Patrick.. Thanks Patrick but I must give credit for the idea to the "Orange Shirts" who sat in the balcony for several years at the Indiana State General Assembly. They got what they wanted legalized gambling in French Lick Indiana. It was voted for but now must pass a referendum in French Licks county the vote comes up this election. [ Post Comment ] Comment #10 posted by Patrick on August 10, 2003 at 16:17:09 PT i420 I am still laughing at that last comment as I type this!!! Hell ya when I retire I will be the old voting block and pound this issue down their throats!!! Thanks for giving me something else to do besides fishing!!!!!!!!! [ Post Comment ] Comment #9 posted by i420 on August 10, 2003 at 14:51:24 PT Retirement will win the war. Just think when we are all retired we will have nothing better to do but hound polititions then it will be over. [ Post Comment ] Comment #8 posted by JHarshaw on August 10, 2003 at 13:42:42 PT What a stretch. Hi.Trying to compare the Medical Marijuana issue with the slavery issue is reaching way beyond reason. This is not comparing apples and oranges....it's more like comparing apples and elephants!Please...get a grip.peace and pot [ Post Comment ] Comment #7 posted by afterburner on August 10, 2003 at 13:22:52 PT: Uh, the Federal law is Unconstituional. States cannot choose when to abide by federal law and when not to, Justice Department lawyer Mark Quinlivan said Saturday."You cannot cherry-pick," said Quinlivan, the top federal trial lawyer in three of the pending cases and a panelist at an American Bar Association discussion of medical marijuana.The US Constitution does not authorize the US Congress to regulate medical practice. Alcohol could not be prohibited without a Constitutional Amendment. The whole punitive federal incarceration-based model is an abridgement of the states medical rights, seized by the federal govenment as the result of ignorant scare propanganda and no scientific studies. Innocent until proven guity is the American way, but the Feds have reversed it all in a military-court-martial-like style, guity until proven innocent. This is un-American.ego transcendence follows ego destruction, next task needed is a constitutional amendment to guarantee freedom of medical choice. [ Post Comment ] Comment #6 posted by FoM on August 10, 2003 at 12:42:02 PT Patrick Patrick, It can't be much longer. I think we are finally making progress. Our country doesn't have enough money to keep fighting Cannabis Laws in my opinion.Jose or anyone if you would like to comment on the article it's posted now. Here it is! http://www.cannabisnews.com/news/thread17038.shtml [ Post Comment ] Comment #5 posted by Patrick on August 10, 2003 at 12:16:42 PT I agree FoM It's way way too long... It's so so sad that these prohibition monsters have such hard heads and cannot see the error of their ways. They want to demonize cannabis and they themselves are the demons, out n about arresting sick people. Then blaming cannabis smokers for terrorism, crime, and every other thing wrong with human nature. I am hoping in the next twenty years we will have some sort of enlightment in this country but knowing how slow our government works it may take even longer than 20 more years and that is discouraging indeed. [ Post Comment ] Comment #4 posted by Jose Melendez on August 10, 2003 at 12:10:54 PT this will end: when we speak truth to power This ends when enough of the oppressed marijuana people speak out:Re: Lou Dobbs (Just don't mention the poll...)http://www.nydailynews.com/business/story/107792p-97441c.html"The federal government spends nearly $1 billion a month on this war, but users spend more than five times that much to buy drugs."> Due to artificial taxpayer funded pork barrel price supports. Yet the word is slowly getting out: Prohibition fuels crime.---"Beyond the horrific human toll of 20,000 drug-induced deaths each year, illegal drugs cost our economy more than $280 billion annually, according to the Substance Abuse and Mental Health Services Administration."> Yet to this day, the use of legal drugs like nicotine and alcohol, which lead to FIFTY TIMES more deaths, is not curbed by an active campaign of unreasonable search and seizure, denial of freedom, hindrance of our rights as Americans to pursue happiness, or express and seek truth and God in the manner we choose.Jailing people for what they admit is a mental health issue, what crooks. Nixon was wrong.---"Incredibly, there are those who choose to ignore drugs' human devastation and economic cost. Many of them are pseudo-sophisticate baby boomers who consider themselves superior and hip in their wry, reckless disregard of the facts."> "Facts" such as the suggested by your teetotaler drug czar guest like ONE PERCENT THC LEVELS supposedly smoked in the eighties? How about pointing out the TRUTH, such as that higher thc pot is safer to smoke, or that vaporization even exists? ---They also may smoke marijuana, advocate its legalization and rationalize cocaine as what they call a recreational drug.> Sure. Right. Whatever. Cocaine, heroin and marijuana are only as valuable as they are because they are illegal. Admit it: cigarettes fund Hamas when overly taxed. The Taliban leveraged our $43 million into stockpiles of tons and tons of opium, much more valuable as contraband. When was that decision made, July, August of 2001? Drug war is an unconstitutional, hypocritical fraud. Even CNN can't hide the truth. Prohibition is TREASON, stupid. [ Post Comment ] Comment #3 posted by FoM on August 10, 2003 at 12:06:40 PT No No No Patrick That's too long! I'll be dead! LOL! [ Post Comment ] Comment #2 posted by Patrick on August 10, 2003 at 11:56:58 PT I hear ya FoM When will it end? I suspect in another 10-20 years maybe longer. Its been 25+ years since my first experience with cannabis and we haven't moved more than am inch. 1 inch= prop 215. While I enjoy cannabis often, I am certainly not addicted to it like I was to cigarette tobacco. As long as our government can tax cigarettes (proven death record) and arrest us for growing and using cannabis (not one death) the government is nothing more than hypocrites (by the pill corporations for the pill corporations). We need Government to maintain something other than total anarchy but when 1 out of 143 people in this country are in jail ( http://www.msnbc.com/news/950164.asp?0cv=CB10 )...its not very hard to see we need to stop the war against cannabis. [ Post Comment ] Comment #1 posted by FoM on August 10, 2003 at 11:30:17 PT Just a Comment When will this end? [ Post Comment ] Post Comment