cannabisnews.com: US Appeals Court Sets Aside Federal Marijuana Law





US Appeals Court Sets Aside Federal Marijuana Law
Posted by CN Staff on December 16, 2003 at 18:37:10 PT
By Adam Tanner
Source: Reuters 
San Francisco -- A federal appeals court allowed two very sick California women on Tuesday to use marijuana, setting aside longstanding federal drug laws that bar such cultivation even for medical purposes.Growing marijuana for medical purposes is legal in California under a 1996 voter-approved state law, but the measure clashes with federal law.
Angel Raich, who has an inoperable brain tumor, and Diane Monson, who suffers from severe back pain, last year sued U.S. Attorney General John Ashcroft. They sought an injunction against the act, saying the 1970 federal Controlled Substances Act was unconstitutional.A district court ruled against the women in March, but in a rare afternoon ruling, the 9th Circuit Court of Appeals in San Francisco reversed the decision."We find that the appellants' class of activities -- the intrastate noncommercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician -- is, in fact, different in kind from drug trafficking," the three-judge panel ruled."Further, the limited medical use of marijuana as recommended by a physician arguably does not raise the same policy concerns regarding the spread of drug abuse."The liberal court, with one judge dissenting, said the Controlled Substances Act was likely unconstitutional as applied to the women."We find that the appellants have made a strong showing of the likelihood of success on the merits of their case," the decision read. "We find that the hardship and public interest factors tip sharply in the appellants' favor."In his dissent, Judge C. Arlen Beam wrote: "Plaintiffs do not show there is a threat of future prosecution or a history of past prosecutions, at least as applied to their unique factual situations. I would doubt whether anyone can or will seriously argue that the DEA intends to prosecute these two seriously ill individuals."The Supreme Court has often overturned the 9th Circuit on cases it has chosen to review, and lower court decisions on marijuana have sometimes provoked anger from the Bush administration.One such instance that irked White House officials involved a federal judge sentencing "ganja guru" Ed Rosenthal in June to a single day in jail -- the minimum possible punishment -- for growing marijuana in violation of federal law.  Source: Reuters Author:  Adam TannerPublished: December 17, 2003Copyright: Reuters Limited Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmFederal Appeals Court OKs Medical Marijuana http://cannabisnews.com/news/thread17974.shtmlSupreme Court Clears Way for Medical Pot http://cannabisnews.com/news/thread17564.shtmlJudge Says Woman Not Immune from Prosecutionhttp://cannabisnews.com/news/thread15688.shtml 
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Comment #14 posted by The GCW on December 17, 2003 at 06:17:50 PT
Rev. Jonathan Adler; Kucinich could cap this off.
 If You haven't heard, If elected President, Dennis Kucinich ends cannabis prohibition!Democratic Presidential nominee, Dennis Kucinich, put in writing that as PRESIDENT He WILL: 
"DECRIMINALIZE MARIJUANA" -"in favor of a drug policy that sets reasonable boundaries for marijuana use by establishing guidelines similar to those already in place for alcohol." (POSTED ON His website!)http://cannabisnews.com/news/thread17917.shtml http://www.kucinich.us/issues/marijuana_decrim.php Ending cannabis prohibition puts the fire back on the alter.The Regular Sacrifice IS BACK (see Daniel 8 etc.)It's about the tree of life; not about the tree of Christmas.It's about the return of the regular sacrifice.The curse has ended with the tree of life and the regular sacrifice is back.Glory to Christ God Our Father and The Holy Spirit of Truth.420Cannabists,We are able to receive spiritual communication from the plant cannabis.Plain and simple.What I am stating is that We are entering a time, when We will be even more enabled to utilize cannabis / the tree of life / the regular sacrifice to communicate with the spirit of truth in ways which have been described in the Bible and elsewhere for a long time.The regular sacrifice is what Christ God Our Father wants. He wants some of Our time.Cannabis helps take Us to that time.Knowing this helps that.Have You thanked the creator for the creations lately?He'd like that.The Green Collar Worker(Ask Him to show You the truth to show the world.)
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Comment #13 posted by BigDawg on December 17, 2003 at 04:57:53 PT
YeeeeeeHaaaaaaw!
FINALLY!!!A court decision from the feds stating PLAINLY that cannabis does have medical value, and that the feds have no business regulating intrastate issues.Another brick in the wall tumbling down.
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Comment #12 posted by E_Johnson on December 16, 2003 at 22:41:39 PT
Judge Beam is pretty naive!!
"Plaintiffs do not show there is a threat of future prosecution or a history of past prosecutions, at least as applied to their unique factual situations. I would doubt whether anyone can or will seriously argue that the DEA intends to prosecute these two seriously ill individuals."He should call Karen Tandy and ask her to go on record promising the DEA will never go after Raich or Monson.She'll tell him where he can stuff it.
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Comment #11 posted by Rev Jonathan Adler on December 16, 2003 at 21:47:12 PT:
Beginning of the end!
Aloha and Congratulations to all who fight the good fight.
The beginning of the end of prohibition on legal cannabis has found us at last. Federal protection under state law. Imagine freedom agreed to by state and Fed alike. Imagine joining a legal religion where you are required to use cannabis legally for sacrament. Imagine you are required to worship and pray with cannabis. What a great church! Is that what they meant when they desribe the "Most High"? I suggest the legal implementation of this ruling will affect many. My State Supreme Court ruling soon will answer the religious question. Pray and await justice. It is closing in on us at last. Freedom to choose and use. Amen.
East Hawaii Branch/ Religion of Jesus Church
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Comment #10 posted by Nuevo Mexican on December 16, 2003 at 21:22:35 PT
Happy High Holidaze!
to all! This is fantastic news, in light of alot of disturbing news, but should provide us all with more reasons for hope!I predict the day we see bush and rumsfeld being pulled (rescued?) from a hole in the desert some day, (with recently dyed hair and all), as we would never expect that to happen either. Laura bush and Rumys wife will turn them in!This News of today, (the ruling) will be as huge a boost for Kucinich, as Ted Koppel trying to make him look bad was!The uni-verse is conspiring to make Americans happy and healthy humans again, with Dennis as Prez! Noone was predicting this awesome news from the California courts either, now Dennis can go public BIG TIME with his stand on removing jail terms for Cannabis patients and recreational users as well! This is huge folks, I hope all you Cannibians out there are doing your homework, unless you like being used by the mainstream Democratic front runners. Dean will have to come around now, but Dennis is already there! Leading like a leader should lead!Being on the right side of an issue will eventually come back to reward you, and with a FULL MOON Anti-war, anti-bush rally in New York on August 29th, 2004, you can bet there will be millions, with Dennis the K as guest of honor, Dean will be a no show
of course, (advisors say bad PR, too populist!)Anti-War Protest Set for Republican ConventionNEW YORK (Reuters) - A coalition of anti-war groups plan to greet delegates to next summer's Republican National Convention with a massive protest against U.S. foreign policy, hoping to keep the Iraqi war alive as an issue in the 2004 election, organizers said on Tuesday. The march could be one of the largest demonstrations in U.S. history, organizers said. Repeat: The march could be one of the largest demonstrations in U.S. history, organizers said. Let's hope it attracts people from all over the world, as well as ALL Americans, I plan on being there, how could one miss something so HUGE, like stopping a War that should never have been started!http://story.news.yahoo.com/news?tmpl=story&cid=584&ncid=584&e=2&u=/nm/20031216/pl_nm/politics_protest_dcSend beautiful holiday greeting email cards through DJK!http://resources.kucinich.us/card/gallerybrowser.php?cat_id=7Did bush carry Rushes luggage full of drugs?City Buzzing Over LimbaughBy TOM ZUCCO
St. Petersburg TimesHe was made an honorary member of Congress by adoring conservatives in 1994. Two years earlier, President Bush personally carried Limbaugh's bags into the White House when Limbaugh stayed in the Lincoln Bedroom.http://www.theledger.com/apps/pbcs.dll/article?AID=2003312150360Great article by Robert Byrd!!! This man gets it!Challenging 'Pre-emption'
by Senator Robert C. Byrd Remarks on the 138th Anniversary Celebration of The Nation Magazine, December 14, 2003, in New York CityAs each day passes and as more American soldiers are killed and wounded in Iraq, I become ever more convinced that the war in Iraq was the wrong war at the wrong time in the wrong place for the wrong reasons. Contrary to the President's rosy predictions--and the predictions of others in the Bush Administration--the United States has not been universally greeted as a liberator in Iraq. The peace--if one can use the term "peace" to describe the chronic violence and instability that define Iraq today--the peace is far from being won. Iraqi citizens may be glad that Saddam Hussein is no longer in power, but they appear to be growing increasingly resentful that the United States continues to rule their country at the point of a gun. http://www.thenation.com/doc.mhtml?i=20031229&s=byrdMisleader still misleads, (this man doesn't get it)  
December 16, 2003 | Daily Mislead Archive: 
White House Admits Pre-9/11 Warnings; Bush Still Denies ItAt his press conference yesterday, President Bush was asked about charges that he had received warnings prior to the September 11th attacks that a terrorist incident was imminent. He answered that even asking such a question was "an absurd insinuation."1 It was the same sentiment expressed by Bush's National Security Adviser Condoleezza Rice, who said in May of 2002 that "[no one predicted] that they would try to use an airplane as a missile, a hijacked airplane."2 http://www.misleader.org/daily_mislead/Read.asp?fn=df12162003.htmlSaddam dyes hair in 6 foot hole after wife rats him out?Yeah, Right!Jeff Rense nails it!Was Saddam Already In US Custody??Both the timing and the circumstances of Hussein's capture are highly suspect. In recent days, the Bush administration has faced intense international condemnation over its policy of excluding "uncooperative" nations from sharing in the spoils of the war with Iraq. In addition, Halliburton, an energy company of which the current vice president is former CEO, now faces a congressional investigation for its skullduggery in the price of the oil it delivered to Iraq. Furthermore, there have been recent signs that the Bush's election prospects have begun to erode, owing primarily to his administration's atrocious and indeed criminal foreign policy and his appalling inattention to domestic matters. http://www.rense.com/general46/wassaddamalready.htm
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Comment #9 posted by DevoHawk on December 16, 2003 at 20:38:02 PT
Why do they have a law then?
Judge C. Arlen Beam wrote: "Plaintiffs do not show there is a threat of future prosecution or a history of past prosecutions, at least as applied to their unique factual situations. I would doubt whether anyone can or will seriously argue that the DEA intends to prosecute these two seriously ill individuals."Beam's opinion is akin to the opinion in the Kubby's case. Of course it is correct because the DEA does not intend to prosecute; merely arrest you for medical marijuana, shake you down, destroy your medicine and leave you feeling intimidated but they do not intend to prosecute. Only Ed Rosenthal because he is well known.If the purpose of a law is not enforcement then it must have an ulterior motive or be a worthless law! Would this not be reason enough for Beam to agree with the majority opinion?
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Comment #8 posted by ekim on December 16, 2003 at 20:00:54 PT
gee this is a great present TOOOOOOOOOOOOOo
http://www.kucinich.us/regionalupdates/texas.php
An Evening of Acoustic Music with
WILLIE NELSON
and special guests
BONNIE RAITT
Tim Reynolds  Michelle Shocked
and
DENNIS J. KUCINICH
A benefit concert for the Kucinich campaign
SATURDAY, JANUARY 3
Austin Music Hall
Third and Nueces, Austin TX
Info (512) 263-4146
 
CELEBRITY-HOSTED DINNER AND
POST-PERFORMANCE RECEPTION WITH THE ARTISTS
Call for info on these special tickets (512) 472-5755
 
TICKETS
Available online from StarTickets
Phone orders (512) 469-7469
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Comment #7 posted by FoM on December 16, 2003 at 19:55:47 PT
Press Release from Dale Gieringer - CaNORML
DPFCA: 9th Circuit Protects Prop. 215 Patients' Rights Under Federal Law 
    
Ninth Circuit Rules Prop 215 Patients Raich and Monson May Use & Grow Medical Marijuana for Personal Use "Prop 215 Now Federal Law in California" 	SAN FRANCISCO, Dec. 16th. In a stunning victory for medical marijuana, the Ninth Circuit Court of Appeals upheld the right of patients Angel Raich and Diane Monson to possess and cultivate marijuana for their own personal medical use in accordance with Prop. 215. 	In a 2-1 ruling, Justices Pregerson and Paez held that the federal government lacked power under the Interstate Commerce Clause of the Constitution to interfere with the plaintiffs' possession and cultivation of marijuana for personal use. The court ordered a preliminary injunction barring the government from arresting Raich or Monson for violating the Controlled Substances Act. 	 "This is an enormous victory for medical marijuana patients," declared California NORML coordinator Dale Gieringer, one of the original authors of Prop. 215, "It essentially makes Prop. 215 federal law in California" (The decision should also apply to the other states in the Ninth Circuit with medical marijuana laws, namely Washington, Oregon, Alaska, Nevada and Hawaii). 	The decision did not address the broader question of the federal government's authority over marijuana distribution and commerce within California, an issue that is the subject of a second, pending appeal by the Wo/Men's Alliance for Medical Marijuana and the Oakland Cannabis Buyers' Cooperative. 	This marks the first case in which the Controlled Substances Act has been held unconstitutional. The court's decision was based entirely on the Commerce Clause and did not address other issues raised by the plaintiffs, such as states' rights or the fundamental right of patients to relief from pain and suffering under the 5th and 9th amendments. 	In a dissenting opinion, Justice Beam, visiting from the 8th Circuit, wrote that he could see no difference between the activities of Raich and Monson and those of the wheat farmer Filburn, who was ruled subject to federal regulation in the Supreme Court's Wickard v Filburn precedent. 	An appeal to the Supreme Court appears certain. Nonetheless, medical marijuana supporters are optimistic of victory, due to the fact that the Ninth Circuit's reasoning was based on recent Supreme Court precedents by the court's' conservative majority restricting federal powers under interstate commerce. 	The decision provides a boost of holiday cheer to numerous other defendants with medical marijuana cases currently pending appeal in federal court. Among them is Steve McWilliams of San Diego's Shelter from the Storm collective, who was convicted for cultivating a small home garden. Steve has not used marijuana since his conviction, but says he is looking forward to a "smokey Christmas" to relieve his pain.	The text of the court's decision may be found at: http://www.freedomtoexhale.com/ruling.pdfRelease by Dale Gieringer, Coordinator, California NORML
California NORML
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Comment #6 posted by ekim on December 16, 2003 at 19:35:02 PT
what a ChristMass present
Dear Mr. President the eyes of the world are upon US. Freedom is the sole reason given as to why we spill blood. Show how free we are by stopping this invasion of our bodies. How can we help China with tariffs being removed while that country grows Hemp and profits from it and we outlaw its use here. Now companies are pitchen in and given you money so the Got will inspect every body for a metabolite of this plant. How many companies are not even US Made. Dubba stand up for Me and all those to come. The Ninth said use is not abuse. The Supreme Court said it would not go after Doctors. Please Mr. President make peace. mikePresident Bush, after a major fundraiser in Baltimore on December 5,
made a stop at a nearby Home Depot to talk about the economy. But the
site confused some people, so much so that the Baltimore Sun ran an
article entitled "A Presidential Mystery," which concluded that "nobody
seems to know why" he was going to the Home Depot.Well, a little digging provided the answer to this mystery: Home Depot
is a major contributor to President Bush's campaigns. Home Depot
executives, employees and their families have given more than $1.5
million to the GOP since 1999, most of it in "soft money," before that
practice was outlawed last year. The company's political action
committee has also already contributed $31,000 directly to the
Bush-Cheney 2004 re-election campaign.And guess what? Buried in two small paragraphs on page 710 of the
massive, stalled energy bill is a measure that would lift a tariff on
Chinese-made ceiling fans - with Home Depot being the largest retailer
of said fans. The measure, inserted during a closed-door conference
committee and undebated in either house of Congress, would save Home
Depot and other smaller companies about $48 million, at taxpayer
expense, of course. Other fun facts uncovered by Public Citizen:- Home Depot CEO Robert Nardelli, who flew up from Atlanta on Dec. 5 to
join Mr. Bush, has made at least three trips to the White House since
2001.
- Home Depot's #2 person, Executive Vice President Francis Blake, left
his job as Bush's deputy energy secretary in 2001 to work for Home
Depot.
- Karen Knutson, wife of Home Depot's top in-house lobbyist Kent
Knutson, was a former top aide to Vice President Dick Cheney, and deputy
director of Cheney's secret energy task force.
http://www.citizen.org/redirect.cfm?ID=2
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Comment #5 posted by FoM on December 16, 2003 at 19:05:34 PT
Here's The Ruling With Shorter URL
http://www.freedomtoexhale.com/ruling.pdf
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Comment #4 posted by gloovins on December 16, 2003 at 19:00:31 PT
It aint over...
till the fat Supreme-ies sings...& somehow I know they want to chirp in on this issue...I sure hope they protect us from these dangerous, threatning terminally-ill people & not let them grow a plant...
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Comment #3 posted by Virgil on December 16, 2003 at 18:58:59 PT
Screw Bu$h and impeach his traitorous ass
 lower court decisions on marijuana have sometimes provoked anger from the Bush administration.We need to get rid of these madmen that want to Warmonger on cannabis and cannabist. They would not know freedom or the Constitution if it were printed on White House toilet paper.We have a criminal cabal in office and a media that will not present the view. Boyle and McNamara have drawn up articles of impeachment that should have been on the front of every paper in the country.We are on the verge of receiving a ruling from the Canadain Supreme Court on the validity of CP in Canada. It has been established as fact in the Canadian Court system that cannabis is a very benign plant. That fact is not in question. The question is can the Canadian government ban roses? If they can ban roses then they can ban cannabis. If they cannot ban roses under the Constitution, then they cannot ban cannabis. But who cares what a treasonous person sworn to uphold the Constitution thinks when it is someone in the PNAC conspiracy that is after global domination and perpetual war with ever broader secrecy on the way to undoing the Constitution completely.The cannot even conquer the hearts of Americans much control the world. The decision is correct and we would expect someone that has no respect for the Constitution to be against it if it hurts his police state. 
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Comment #2 posted by FoM on December 16, 2003 at 18:53:28 PT
Raich v. Ashcroft Ruling in PDF Format
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/F847B86BCD2AB49488256DFE007B89AE/$file/0315481.pdf?openelement
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Comment #1 posted by FoM on December 16, 2003 at 18:37:55 PT
What a Title
It says so much!
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