cannabisnews.com: Ruling Doesn't Protect Medical Marijuana Sellers





Ruling Doesn't Protect Medical Marijuana Sellers
Posted by CN Staff on October 18, 2003 at 22:56:48 PT
By Kim Cobb
Source: Houston Chronicle 
The U.S. Supreme Court cleared the way for physicians to recommend marijuana as part of a patient's treatment, but its decision Tuesday offers no protection for growers and sellers of "medical marijuana." The court decision not to take up the appeal of a federal court ruling on the issue was hailed by medical marijuana proponents as an important step for the nine states that have passed medical marijuana laws. It is seen as an encouragement to a handful of other states to pass similar laws.
But the Supreme Court has yet to address the bottom-line question of whether the otherwise illegal drug can be used legally in the course of bona fide medical treatment. Any state that passes medical marijuana legislation still can expect to wade into an unresolved legal quagmire. "Of course it's a victory," said California activist Valerie Corral. "But one would be foolhardy to presume ... we're no longer targets of the federal government." By refusing to intervene in Walters v. Conant last week, the high court let stand a unanimous 9th Circuit of Appeals decision that found physicians should be able to speak to their patients about marijuana without fear of government retribution. But the San Francisco-based appellate court also ruled that physicians can be punished if they help their patients obtain marijuana. California has been a flash point for medical marijuana litigation since its voters passed Proposition 215 in 1996. Legal observers say the law is a target for federal challenge because it is so broadly written, legalizing the production and transport of marijuana for medical purposes. Eight other states have passed laws either legalizing or reducing the penalties for people using marijuana on the advice of a physician: Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington. Some of the states spell out minimum amounts of marijuana that patients can possess. Some require that patients enroll in a state registry to legally use the drug. New Mexico, New York, Connecticut and Vermont are cited as states which have come closest to passing their own medical marijuana laws in recent legislative sessions. Supporters in all four states say they are encouraged by bipartisan support for the issue. Snipped:  Complete Article: http://www.freedomtoexhale.com/sellers.htm Source: Houston Chronicle (TX)Author: Kim CobbPublished: October 18, 2003Copyright: 2003 Houston Chronicle Website: http://www.chron.com/Contact: viewpoints chron.comRelated Articles & Web Sites:WAMMhttp://www.wamm.org/Walters vs. Conant No. 03-40 - PDFhttp://freedomtoexhale.com/walters.pdfU.S. Stonehearted on Medical Pot http://cannabisnews.com/news/thread17603.shtmlMedical Marijuana Law is Worth Court’s Protection http://cannabisnews.com/news/thread17592.shtmlCourt Hands Victory To Backers of Medical Pothttp://cannabisnews.com/news/thread17579.shtml
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Comment #2 posted by Rev Jonathan Adler on October 20, 2003 at 22:09:30 PT:
Legal Distribution under existing law.
The Supreme Court did not address the question of sales a.k.a. distribution. Little did the Feds realize that we would catch on to their program started back in the 1970's by NIH that still supplies several (7) patients with 300 pre-rolled joints per month! By mail! Thus the Feds by example have set the standard (a very low standard at that) and we have a chance to follow and pass them by. There is a religious option. It involves no sales and it's called a healing ministry. It is real and legal. Soon the recognition of our sacred responsibilities will gain approval and support. It is time for "sacramedicine"(TM) to solve the problems caused by ignorance and denial of our rights.PEACE
Hawaii Medical Marijuana Institute
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Comment #1 posted by Virgil on October 19, 2003 at 07:00:04 PT
Burst the bubble and stop the bust
I have sincere admiration for the title Jack Herer chose for his book. Commondreams has an article up headed "The Emperor Has No Clothes" that report the words of Senator Byrd of Almost Heaven, WV, from the Senate Floor and is dated October 17, 2003. He tells the story the boy burst the bubble of make-believe and brought a return to reality. That is what we have to do- Get real about substance abuseFrom http://www.commondreams.org/views03/1018-01.htm - In 1837, Danish author, Hans Christian Andersen, wrote a wonderful fairy tale which he titled The Emperor's New Clothes. It may be the very first example of the power of political correctness. It is the story of the Ruler of a distant land who was so enamored of his appearance and his clothing that he had a different suit for every hour of the day. One day two rogues arrived in town, claiming to be gifted weavers. They convinced the Emperor that they could weave the most wonderful cloth, which had a magical property. The clothes were only visible to those who were completely pure in heart and spirit. The Emperor was impressed and ordered the weavers to begin work immediately. The rogues, who had a deep understanding of human nature, began to feign work on empty looms. Minister after minister went to view the new clothes and all came back exhorting the beauty of the cloth on the looms even though none of them could see a thing. Finally a grand procession was planned for the Emperor to display his new finery. The Emperor went to view his clothes and was shocked to see absolutely nothing, but he pretended to admire the fabulous cloth, inspect the clothes with awe, and, after disrobing, go through the motions of carefully putting on a suit of the new garments. Under a royal canopy the Emperor appeared to the admiring throng of his people - - all of whom cheered and clapped because they all knew the rogue weavers' tale and did not want to be seen as less than pure of heart. But, the bubble burst when an innocent child loudly exclaimed, for the whole kingdom to hear, that the Emperor had nothing on at all. He had no clothes. 
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