cannabisnews.com: Appeal Court Hears Medical Pot Cases 





Appeal Court Hears Medical Pot Cases 
Posted by CN Staff on September 18, 2003 at 07:12:18 PT
Sentinel Staff Report
Source: Santa Cruz Sentinel 
Attorneys for the Santa Cruz-based Wo/Men’s Alliance for Medical Marijuana were in court Wednesday asking a U.S. 9th Circuit Appeals panel to overturn a lower-court ruling denying the group the return of its pot.The group was seeking the return of more than 160 marijuana plants uprooted during a raid in September 2002 by federal drug agents.
Joining WAMM were the Oakland Cannabis Buyers Club and the Marin Alliance for Medical Marijuana. The group’s cases were combined because of similar constitutional arguments. The groups contend the federal government is overstepping its bounds trying to shut them down, and that there is a constitutional right to ameliorate one’s pain. The federal government counters federal law trumps state laws such as California’s medical-pot statutes.Ben Rice, a WAMM’s lawyer, estimated the three-judge panel would rule within two months. Source: Santa Cruz Sentinel (CA)Published: September 18, 2003 Copyright: 2003 Santa Cruz SentinelContact: editorial santa-cruz.comWebsite: http://www.santacruzsentinel.com/Related Articles & Web Sites:WAMMhttp://www.wamm.org/Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/Marin Alliance for Medical Marijuanahttp://www.cbcmarin.com/WAMM Set for Appeal To Return Seized Pothttp://cannabisnews.com/news/thread17300.shtmlWAMM Lawsuit Seeks To Curb Federal Authority http://cannabisnews.com/news/thread16047.shtml Federal Judge Rules Against Medical Marijuana Clubhttp://cannabisnews.com/news/thread13127.shtml
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Comment #1 posted by Richard Paul Zuckerm on September 18, 2003 at 12:38:32 PT:
PURSUIT OF HAPPINESS AND STATE V. MALLAN DISSENT
The Cannabis laws are unconstitutional, in violation of the Declaration of Independence "pursuit of happiness" [One good old published federal district court decision, Kowall v. United States, has a footnote mentioning to the effect that: "It is a shame that every generation of Americans must relearn the Declaration of Independence"]; the 4th Amendment of the United States Constitution, recently approved in State v. Holland, New Jersey Supreme Court, 2002 or 2003; or the State Constitution, as described in State v. Mallan, 950 P.2d 178, 208-209, 218-219 (Hawaii 1998)(Dissenting opinion by Justice Mallan) and the recent Alaska appellate court decision upholding the golden oldie Ravin v. State. Cannabis consumption should be considered a fundamental right, similar to the freedom of conscience referred to in Olmstead v. United States, in 1928, dissenting opinion by Justice Brandeis, and the reasoning described in the book entitled OUR RIGHT TO DRUGS: THE CASE FOR A FREE MARKET, by Dr. Thomas S. Szasz, M.D., Professor of Psychiatry Emeritus, Syracuse University, circa 1993.
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