cannabisnews.com: Court Exempts Medicinal Pot From Federal Ban Court Exempts Medicinal Pot From Federal Ban Posted by CN Staff on December 17, 2003 at 09:55:54 PT By Crystal Carreon, Mercury News Source: Mercury News In a move that emboldens California patients who rely on medicinal marijuana, a federal appeals court on Tuesday ruled that those who grow their own crop or get it for free are exempt from a U.S. law that bans the drug.The 9th Circuit Court of Appeals in San Francisco upheld the arguments of two seriously ill California women, including one from the East Bay, who said their private use in a state that passed a medicinal marijuana law should not make them vulnerable to federal raids. The 2-1 decision, handed down Tuesday afternoon, directly affects Oakland resident Angel McClary Raich and Diane Monson of Butte County, and provides a rare victory for advocates of California's medicinal marijuana law, which contradicts federal drug laws. It could also be a promising development in the pending case of a Santa Cruz County couple whose cannabis cooperative was raided last year.Federal officials could not be reached late Tuesday, but a Drug Enforcement Agency spokesman in San Francisco said it was too early to say how the ruling would affect how agents do their work, which ``targets large-scale distributors of drugs.''The court on Tuesday ruled that prosecuting medicinal marijuana users under the 1970 Controlled Substances Act is unconstitutional in states that allow such use under the advice of a doctor, if the cannabis isn't sold or transported across state lines or used for non-medicinal purposes.``The intrastate, non-commercial cultivation, possession and use of marijuana for personal medical purposes on the advice of a physician'' is different from drug trafficking, the court wrote in its majority opinion. ``Moreover, this limited use is clearly distinct from the broader illicit drug market.''Gerald F. Uelmen, the attorney representing Valerie and Michael Corral of the Wo/Men's Alliance for Medical Marijuana in Santa Cruz County, said he was ``optimistic'' the court's rationale could apply to his case, which stems from a Sept. 5, 2002, federal raid on the cooperative.``Closed cooperatives who grow and share among themselves also do not affect interstate commerce,'' he said. ``This is a very important decision for patients in California. This is great news.''Robert Raich, an Oakland attorney who presented arguments on behalf of his wife, Angel McClary Raich, and her two unidentified suppliers, along with Oroville resident Monson, was ``ecstatic'' with the decision.``This is the way it should be,'' Raich said from his home Tuesday night. ``Certainly for the time being, I know my wife is safe and can use the medicine that keeps her healthy.''McClary Raich, who relies on marijuana to cope with an inoperable brain tumor and seizures, felt that her life was threatened by the rash of federal raids on medicinal suppliers, her husband said.Monson, whose home was raided in August 2002, grows her own crop to alleviate symptoms of a degenerative spinal disease, court records show.Both women filed the lawsuit in October 2002 against Attorney General John Ashcroft and Drug Enforcement Administration Chief Asa Hutchinson, in an effort to ward off federal interference. A district judge ruled against them in March, prompting Raich to take the suit to the 9th Circuit Court.The decision was a blow to the Justice Department, which argued that medicinal marijuana laws in nine states were trumped by the Controlled Substances Act, outlawing marijuana, heroin and a host of other drugs nationwide.California voters in 1996 became the first in the country to pass a medicinal marijuana initiative, Proposition 215, the Compassionate Use Act. Since its passage, bitter legal battles have pitted federal drug laws against those advocating states' rights.In July 2002, the state Supreme Court ruled that Californians who have a doctor's approval to smoke marijuana are protected from conviction for violating state drug laws. But in 2001, the U.S. Supreme Court issued a ruling that made it impossible for third parties to provide medicinal marijuana to seriously ill patients without running afoul of federal drug laws. As a result, several Bay Area medicinal pot clubs were shuttered.Eight other states have adopted similar medicinal marijuana laws, including Alaska, Arizona, Hawaii, Nevada, Oregon and Washington state -- which are under the jurisdiction of the 9th Circuit Court.The Associated Press contributed to this report. Source: San Jose Mercury News (CA)Author: Crystal Carreon, Mercury NewsPublished: December 17, 2003 Copyright: 2003 San Jose Mercury NewsContact: letters sjmercury.comWebsite: http://www.mercurynews.com/Related Articles & Web Sites:Raich v. Ashcroft in PDFhttp://freedomtoexhale.com/ruling.pdfMedicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmFeds Ordered To Halt Pot Raidshttp://cannabisnews.com/news/thread17980.shtmlCourt Boosts Medical Pothttp://cannabisnews.com/news/thread17979.shtmlMajor Ruling Favors Medical Marijuanahttp://cannabisnews.com/news/thread17977.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by Max Flowers on December 17, 2003 at 11:58:27 PT (offtopic) Want proof of occupier/dominator ...attitude in our troops in Iraq, as opposed to a "liberator" attitude?from an article on boston.com By Aleksandar Vasovic, Associated Press, 12/17/2003 13:33''Locksmiths will make a lot of money these days,'' said a U.S. soldier, laughing as he sat atop a Bradley fighting vehicle in the city's industrial zone, where troops used sledgehammers, crowbars, explosives and even the Bradleys themselves to smash down doors of warehouses, workshops and junkyards. ''Samarra has been a little bit of a thorn in our side,'' said Col. Nate Sassaman. ''It hasn't come along as quickly as other cities in the rebuilding of Iraq. This operation is designed to bring them up to speed.'' ''No one knows the town better than we do, we're gonna clean this place. They've made a mistake to attack U.S. forces. We will dominate Samarra,'' he said. ------------------------- [ Post Comment ] Comment #4 posted by jose melendez on December 17, 2003 at 10:10:15 PT credit comment#3 data fromhttp://stopthedrugwar.org/Subscribe: http://stopthedrugwar.org/WOLSignup.sh Proof Drug War is Crime [ Post Comment ] Comment #3 posted by jose melendez on December 17, 2003 at 10:08:41 PT Prediction: we will win the food argument also. you may be interested in knowing that Dr. Bronner's Magic Soaps, a company which has been the driving force behind the legal challenge to DEA's attempt to ban hemp foods, is now offering "Gertrude & Bronner's Magic Alpsnack," a certified organic nutrition bar made with organic hemp nuts, almonds and fruits. Alpsnack is a partnership with Gertrude Spindler, whose mother made nut and fruit bars similar to Alpsnack in the Swiss village of Cham during the difficult post-WWII famine years.ALL PROFITS FROM ALPSNACK ARE DESIGNATED TO SUPPORT ADVOCACY FOR INDUSTRIAL HEMP. The Bronner family is a major supporter of Vote Hemp and the Hemp Industries Association's legal, media, grassroots and lobbying efforts to re-commercialize industrial hemp, and company president David Bronner is an active key board member of both organizations. Alpsnack will soon be available on store shelves around the country, but in the meantime you can visit http://www.alpsnack.com to order Alpsnack online, for further information, and for a scenic view of Cham. A box of twelve Alpsnack bars would make a delicious holiday treat for family and friends!Hemp nut is the shelled seed from industrial hemp (non- psychoactive cannabis grown for fiber and seed) and is an ancient food source that supplies high amounts of omega-3 fatty acid and easily digestible, well-balanced protein. Alpsnack contains over 500 mg of omega-3, and is dairy, gluten and wheat free. Alpsnack also complies with the TestPledge standards adopted by many North American companies using hemp seed in food products to assure consumers that eating hemp foods will not interfere with workplace drug-testing.In other news from Dr. Bronner's, their famous natural soap line, which comes in bar form and in 8 and 32 oz. bottles, is now made with organic oils. Certified by Oregon Tilth under USDA organic standards, Dr. Bronner's Magic Soaps are now made with organic coconut, olive, hemp and jojoba oils, and most are scented with organic essential oils. Dr. Bronner's products contain no synthetics, no petrochemicals and no floral water fluff; and all cylinder bottles are now made from 100% post-consumer recycled plastic (PCR), a marketplace first pioneered by Dr. Bronner's. The bar soaps are wrapped in Living Tree Paper's Vanguard Recycled Plus 10% HempFlax / 90% PCR paper.Links:http://www.alpsnack.comhttp://www.drbronner.comhttp://www.VoteHemp.orghttp://www.theHIA.orghttp://www.TestPledge.com Write Congress: Support the drug war crimes act. [ Post Comment ] Comment #2 posted by Nuevo Mexican on December 17, 2003 at 10:05:03 PT Look at KRON's front page! Will others follow? It's getting covered in California, anything on CNN, FOX or MSNBC yet?Even Amy Goodman failed to mention it, great show anyway, I expect her to cover it tomorrow, she doesn't miss a beat!http://www.kron4.com/Global/category.asp?C=8554&nav=5D7i [ Post Comment ] Comment #1 posted by jose melendez on December 17, 2003 at 09:58:28 PT punctuate THAT a Drug Enforcement Agency spokesman in San Francisco said it was too early to say how the ruling would affect how agents do their work, which "targets large-scale distributors of drugs.''Should read:a Drug Enforcement Agency spokesman in San Francisco said it was too early to say how the ruling would affect how agents do their 'work', which "targets large-scale distributors of drugs.'' Crooks with guns and badges fight pot, but drink, smoke and pop pills. [ Post Comment ] Post Comment