cannabisnews.com: High Court Lets Stand Ruling Over Medical Pot 










  High Court Lets Stand Ruling Over Medical Pot 

Posted by CN Staff on October 14, 2003 at 20:09:59 PT
By Bob Egelko, Chronicle Staff Writer 
Source: San Francisco Chronicle  

California's medical marijuana law survived its most serious legal threat Tuesday when the U.S. Supreme Court scuttled a Bush administration plan to punish doctors who recommend the drug to their patients. The justices, without comment, denied review of a ruling by a federal appeals court in San Francisco last October that said doctors and patients have the right to discuss the subject freely, without fear of severe federal penalties against the physicians. The government had sought to revoke the doctors' licenses to prescribe federally regulated narcotics -- vital to many medical practices -- and disqualify them from the Medicare program.
Tuesday's action didn't remove all the legal clouds surrounding Proposition 215, the initiative passed by California voters in 1996 that allows patients with cancer, AIDS and other illnesses to use marijuana with their doctor's approval. The federal government, while not challenging Prop. 215 directly, has won a series of court rulings limiting the scope of the measure, the model for laws in eight other states. Federal authorities under Presidents Bill Clinton and Bush have shut down local dispensaries, raided growers and, during the Bush administration, prosecuted medical marijuana suppliers. Federal courts have consistently upheld those efforts, relying on the federal law that bans marijuana and recognizes no legitimate medical use. But those federal measures have succeeded only in somewhat restricting the supply of marijuana. The drug remains widely available to medical patients under programs backed by local authorities, and the state continues to support medical marijuana. Under a new law, California will issue cards that will allow medical marijuana patients to identify themselves to police as legitimate users. Punishment of doctors, on the other hand, could have made Prop. 215 unworkable by making doctors unwilling to recommend marijuana, and thus preventing patients from obtaining it legally. "It would have silenced most doctors because it (would have) put their livelihoods at risk," said Ann Brick, an American Civil Liberties Union lawyer for a group of doctors and patients who challenged the federal policy. Snipped: Complete Article: http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/10/15/MARIJUANA.TMP   Source: San Francisco Chronicle (CA)Author:  Bob Egelko, Chronicle Staff Writer  Published: Wednesday, October 15, 2003  Copyright: 2003 San Francisco Chronicle - Page A - 1 Contact: letters sfchronicle.comWebsite: http://www.sfgate.com/chronicle/Related Articles & Web Site:Walters vs. Conant, 03-40 - PDFhttp://freedomtoexhale.com/walters.pdfSupreme Court Clears Way for Medical Pot http://cannabisnews.com/news/thread17564.shtmlJustices Reject Govt. Medical Marijuana Appealhttp://cannabisnews.com/news/thread17560.shtmlSupreme Court Rejects Anti-Marijuana Casehttp://cannabisnews.com/news/thread17557.shtml

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Comment #7 posted by FoM on October 15, 2003 at 12:00:23 PT
SFC Editorial: A Doctor's Right To Speak 
Wednesday, October 15, 2003  California Doctors should feel both vindicated and emboldened by the U.S. Supreme Court's refusal to outlaw doctor-patient discussions on the possible benefits of medical marijuana. 
Snipped:Complete Article: http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/10/15/EDG062AOIT1.DTL
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Comment #6 posted by FoM on October 14, 2003 at 23:00:28 PT
Had Enough
It's all fixed!
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Comment #5 posted by FoM on October 14, 2003 at 22:57:34 PT

Had Enough
I think I'm done for the day and it was really nice reading your post. Cannabis is the topic here but freedom is the issue. With freedom comes responsibility so we are never really free in the broadest sense of the word but freedom to pursue personal happiness should be our right as long as we don't hurt anyone by our actions. Human nature is always seeking a better way. I do get tired but somehow what I do here is my job and when I commit to something I push really hard and try to do it right. I make mistakes but I keep trying. We all must always keep trying. We've come a long way considering all that has happened since 9-11.
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Comment #4 posted by Had Enough on October 14, 2003 at 22:44:50 PT

Opps Help me FoM again
3rd Paragraph 4th line from bottom of paragraph"and corridor of freedom will prevail as history gets written"Could you change it to:and the corridor of freedom will prevail as history
 gets writtenDidn't catch it in preview screen Thanks
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Comment #3 posted by Had Enough on October 14, 2003 at 22:32:10 PT

Political Science, Civics, and American History
Just finished reading Conant vs Walters. This is a good read for those interested in Political Science, Civics, and American History all in one read. This shows that yes, WE THE PEOPLE do count. Justice is not always blinded.I am one of those people who have great respect for what this country stands for, and the people, who sacrificed, spilled blood, fought, and died for it. That includes all people, not just some to be selected from status quo approved groups.This country and our Constitution have been here for more than 225 years. Yes there are people with bad intentions who try to exploit everything this country stands for their own personal, monetary, and power gains, and others unknowingly do the same. It is a slap in the face to those who endured, and a spit on the graves to the brave souls who sacrificed their all. Their endurance and sacrifices were made so that WE THE PEOPLE can exist in this society and can carry on our day to day stuff without interference. When people or groups with misguided intentions and objectives, and those who knowingly stand in the way of this, eventually get moved off to the side. Nobody but Nobody will permanently halt freedom. This goes back many years, before the birth of this nation. Mankind has always tried to pave a better way of life. Sometimes there is a roadblock thrown in the middle of the path, but in time that obstacle will be removed, and the corridor of freedom will prevail as history gets written. Unfortunately history dictates there are many casualties for this cost of freedom, most unnecessary. To those, I will always hold a deep respect and try to carry on to make sure the price paid is not squandered away. This also, is what I read in this document. At times frustration sets in and it make one wonder what’s it all about, but when a little progress is made, it really fills the heart and soul with joy. This looks like a giant leap for mankind.I would be willing to bet that there will be many school assignments, research, and essays in the future about what is taking place here.FoM, a while back you were concerned about stamina. There is enough energy here to recharge many stamina batteries. Hang in there girl, and THANK YOU for all you have done, and will do in the future. Failure is not an option in your spirit.Peace to you all, we sure can use it. Register and Vote.http://www.mpp.org/pdf/conantXvXwalters.pdf

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Comment #2 posted by ekim on October 14, 2003 at 21:09:41 PT

let the force be with us
I feel bad for the way the Doctors have had to carry all the weight of the Prohibition law against Cannabis. I can only offer a small suggestion to right this wrong. a debate with John Walters and Dennis Kucinitch -- hold it in Oakland hosted by Mayor Jerry Brown and reffed by Arnold. Doctors good names deserve no less. Thank all that have suffered and put there families and lively hoods on the line, you are what this Country is all about.
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Comment #1 posted by Rev Jonathan Adler on October 14, 2003 at 20:42:34 PT:

If It Is legal To Discuss.......?
Aloha and Hip-Hip Hooray! Supreme Court leaves the ruling in place which means one of two things. 1.) They agree that doctors have the right to discuss treatment options with their patients, pro's and cons. And 2.) They didn't want to overturn the lower court. Or maybe, just maybe they realize the time has come to integrate the federal laws and the state laws regarding this national issue. We applaud the BENCH for this one and ask it to remain open to the 9 state's position that cannabis has medical benefits. And to remember RFRA 1993 and it's application to sacramental use of the same substance legally. We apply both to our ministry. Millions crave freedom, give them liberty.

Hawaii Medical Marijuana Institute 
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