cannabisnews.com: Medical Marijuana Decision Does Not Sanction Sales





Medical Marijuana Decision Does Not Sanction Sales
Posted by CN Staff on December 17, 2003 at 18:17:50 PT
By David Kravets, AP Legal Affairs Writer 
Source: Associated Press 
San Francisco -- A decision by a federal appeals court here approving the use and cultivation of medical marijuana did not address the broader question of whether medical marijuana can be bought and sold.That issue, the next legal battle in the medical marijuana movement, still is pending before the 9th U.S. Circuit Court of Appeals. A three-judge panel of the same court ruled Tuesday that a congressional act outlawing marijuana can not apply in states with laws permitting sick people to use marijuana with a doctor's recommendation.
In Tuesday's ruling, the appeals court said prosecuting medical marijuana users under a 1970 federal drug law is unconstitutional if the marijuana isn't sold, transported across state lines or used for non-medicinal purposes. The court, in explaining its reasoning, said states were free to experiment with their own laws and that the Constitution's Commerce Clause forbade federal intervention because the laws at issue did not impact commerce outside a state's boundaries."That means people could cultivate and consume cannabis for medical purposes free of federal interference, subject to state law," said Randy Barnett, a Boston University constitutional law scholar.Alaska, Arizona, California Colorado, Hawaii, Maine, Nevada, Oregon and Washington state have laws that allow persons to grow, smoke or use medical marijuana with a doctor's recommendation.The Drug Enforcement Administration, refusing to recognize medical marijuana laws, has raided several California patients' backyards, along with pot clubs that sell marijuana to the sick.Most clubs, the only avenue by which many patients can obtain marijuana, have gone underground for fear of being raided.California's 7-year-old medical marijuana law, the nation's first, does not expressly allow the sale of marijuana, but authorities in San Francisco, Oakland, Santa Cruz and elsewhere have tacitly allowed clubs to operate.The Justice Department declined comment on whether it would appeal Tuesday's decision. The ruling was the first time the federal Controlled Substances Act, which outlaws marijuana, heroin, LSD and other drugs, was declared unconstitutional as applied to medical marijuana."We are currently reviewing the court's ruling," Justice Department spokesman Charles Miller said. "No determination has been made as to what our next step will be."Jeff Jones, director of the Oakland Cannabis Buyer's Cooperative, said the 9th Circuit panel's decision could bolster his bid to resume selling pot to the sick. Federal authorities shut the club down several years ago."We feel our case is more ripe now for an interpretation that creates affordable and safe access for these patients," Jones said.The government first began cracking down on medical marijuana under the Clinton administration, and the Bush administration has continued the policy. The federal government maintains marijuana has no medical benefits, but patients suffering from cancer and other serious ailments say it relieves pain and nausea when no other drugs can.The Oakland cooperative has a lawsuit pending before the San Francisco-based 9th Circuit that it hopes will resolve the remaining legal questions that make it difficult for patients to obtain marijuana legally.In 2001, the Supreme Court said the Oakland club could not sell marijuana based on the "medical necessity" of sick and dying customers.Ruling against the club at the time, Justice Clarence Thomas pointed out that the court addressed only the medical necessity argument, but not other legal issues central to the debate, including Congress' ability to interfere with intrastate commerce, the right of states to experiment with their own laws and whether Americans have a fundamental right to marijuana as an avenue to be pain free.Justice Thomas wrote that the court would not decide those "underlying constitutional issues today."Robert Raich, an attorney representing the Oakland cooperative, said the club has taken Thomas' statement to heart. The cooperative's case pending before the San Francisco appeals court, he said, addresses the issues the Supreme Court dodged two years ago."We took their invitation and are bringing back another case," Raich said.A decision in that case is expected here any day. Complete Title: Medical Marijuana Decision Does Not Sanction Marijuana Sales To The Sick Source: Associated Press Author: David Kravets, AP Legal Affairs Writer Published:  December 17, 2003 Copyright: 2003 Associated Press Related Articles & Web Sites:Raich v. Ashcroft in PDFhttp://freedomtoexhale.com/ruling.pdfMedicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmLong Battle Over Medical Marijuana Seen Aheadhttp://cannabisnews.com/news/thread17984.shtmlAppeals Court Upholds Medical Marijuana Use http://cannabisnews.com/news/thread17983.shtml9th U.S. Court Protects Pot Patients http://cannabisnews.com/news/thread17982.shtml
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Comment #15 posted by Rev Jonathan Adler on December 19, 2003 at 13:33:30 PT:
FoM; you are brilliant!
FoM; Yes certain growers of medical cannabis conceivably can accept donations for this medicne. For instance, a proven in court religious ministry, of which there is only one to this date, could require mandated use of it by their membership and donate it to them for medical or "sacramedicinal"(TM) use. The church could accept donations also in good faith that would fall outside of the "commerce clause". Strangely enough that model works. It's in compliance now with ALL laws relevant to it. You are again ........brilliant!
The key to the lock is in my hand. I am honored to do the job. Open sesame!
East Hawaii Branch/ Religion of Jesus Church
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Comment #14 posted by Max Flowers on December 18, 2003 at 11:23:21 PT
Homemade or store-bought, your choice
I think what you'll see is that people will grow it and give it to friends and family as you say, but at the same time a market will remain. It's a commodity, like anything else. Just like people bake great homemade chocolate chip cookies and share them, while you can buy less fresh and lesser quality chocolate chip cookies at the store. Or how you can make a batch of very special raspberry liqueur at home, or you can buy a bottle. It's going to be the same thing with cannabis.
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Comment #13 posted by yippierevolutionary on December 18, 2003 at 08:03:19 PT
Cables News, Crimes Against Peace, And Free Pot
FoM, I am usually a rabid news junkie but for the most part I too haven't been able to stomach it the past few days. But did anyone catch Bill Mahr on Larry King last night? Bill Mahr is great for our Cause, when talking about Rush he said "well it blows a hole in the prohibitionists argument that you can't work high" which I think is such an important myth to debunk for us.Mayan Bush and co does not just have to be impeached but perp walked out of the white house for crimes against peace, just like when the cops came for the warden in the Shawshank Redemption. And now to the free pot. This ruling is so important to the Cause of Free Pot. There should be no market for cannabis it should be widely grown and distributed to friends and neighbors freely as part of the New Gift Economy that will save us from Neo-Liberalism. Then the feds couldn't touch it. This is the first ruling I've seen in a while that reclaims the Constitution, somewhere in our history we found loopholes to get around the Constitution, like the interstate commerce clause. LET FREEDOM RING
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Comment #12 posted by SystemGoneDown on December 18, 2003 at 07:16:41 PT
ABSOLUTLEY mayan...
Bush has got to go. He of anybody has the most to lose if marijuana goes legit because he probobly has extensive links to every major corporation that rides on marijuana prohibition. And they pay Mr. Bush well to enforce that law(Not to mention lower taxes for them, not the middle or lower class).
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Comment #11 posted by mayan on December 18, 2003 at 06:35:53 PT
The Only Way Out...
First off, the sooner we show the Bush Administration the door, the sooner cannabis will be free! Free the country - free the weed!!!Yes, Nuevo Mexican, it seems that this Administration's chest thumping over Saddam's capture may be interrupted by that news(on cbsnews.com by god!). The real power brokers who lurk behind the scenes may be abandoning Bush, seeing how he can no longer push their agenda as he has created way too many enemies. The Bushies may now have to pull out the trump card that they were hoping to save for the weeks just prior to the elections. Yep, they might just have to plant the WMD's and produce them for the masses right now. Everyone is already burnt out on Saddam. Regardless, Bush's poll numbers will certainly fall by next November. If this scenario plays out the Bushies may then be left with no choice but to resort to their last-ditch desperation tactic right before the elections...another staged terror attack on U.S. soil or our allies soil, which would likely result in the suspension of The Constitution and the elections(as Tommy Franks very recently stated). The good news is that we can avoid all of this if we demand the Shrub's Impeachment for the crimes of 9/11.  For any 9/11 doubters, please check out the site linked below. There are mountains of factual evidence which make it all too clear...9/11 Prior Knowledge/Government Complicity Archive:
http://www.propagandamatrix.com/archiveprior_knowledgeThe only way out is the way in.
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Comment #10 posted by Nuevo Mexican on December 17, 2003 at 23:22:51 PT
You're right, its not 'news' anymore!
thats why I missed it if they had any of that 'swarm' 
coverage they do, but didn't. I want to see how they spin it? 
But not worth the torture. I can actually relax to Democracy Now. The truth is relaxing eh?But you can say you heard the following story here, not first, but repeatedly, here at C-news, almost!(Seems like were being listened to, wow! The world is 'getting it FOM! Thanks Neil Young! Thanks, Thanks Willie!) So the good news continues with this strange but awesome occurence, truth will prevail! Mayan will be happy about this breaking news as this signals that the reign is insanity may almost be over:9/11 Chair: Attack Was Preventable"As you read the report, you're going to have a pretty clear idea what wasn't done and what should have been done," he said. "This was not something that had to happen." Appointed by the Bush administration, Kean, a former Republican governor of New Jersey, is now pointing fingers inside the administration and laying blame. http://www.cbsnews.com/stories/2003/12/17/eveningnews/main589137.shtmlWow, it all happens at once doesn't it? Amazing!
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Comment #9 posted by Prime on December 17, 2003 at 21:00:56 PT
OT: Waters in Lake Tahoe
Look who was sneaking around California this week.http://www.tahoedailytribune.com/apps/pbcs.dll/article?AID=/20031217/NEWS/112170006
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Comment #8 posted by FoM on December 17, 2003 at 20:49:04 PT
One More Thing
Now if Jesse Ventura did all the news I'd listen! Go Jesse!!!
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Comment #7 posted by FoM on December 17, 2003 at 20:47:32 PT
Nuevo Mexican 
The first thing I want to say is thank you. I appreciate your comment very much. I saw it on CNN earlier today but I couldn't handle watching the news anymore today so I probably missed something. I've been listening to Greendale and a classic rock radio channel. The news on tv is not news. The more I see real news the less I can handle tv news. Thank God for the Internet! 
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Comment #6 posted by Nuevo Mexican on December 17, 2003 at 20:31:28 PT
Just saw the ticker on CNN, and it's 9pm!
FOM, Virgil and Systemgonedown, I Don't know if they've been running it all day or not, but I looked this afternoon and nothing. Til now on CNN.They repeat somewhat frequently, but I'm still waitng for them to verbally announce it, as it seems like they can't bring themselves around to saying anything that might upset the bush regime paradym. There on a 'high' right now, and this news is a buzzkill! Times they are a changin! (the other Bob)Pot is the single most threatening issue/commodity to the empire, period. At least in Richard Nixons eyes. Thank the all that is that change is the only constant!And cannabis is obviously one of the most profitable, and compares to Gold in price.Lots of toes must be getting stepped on over this.How will Rush talk about this, he will say nothing, look hypocritical, or come out on the right side, but who knows which at this point.Will they send out Ashcroft or Walters on this one? Well see, but it will backfire, so just leave it alone guys!I don't think it matters what they do anymore, the wall has fallen, and will continue to crumble. And noone foolish enough to put it back up!This has been the most connected to everything there is issues before us, as a race of earthlings. Its true. Pot. Amazing. But then, it is the first thing discussed in the Bible, on page one, so there you have it!What a great day for America, the world, for freedom, for compassion, for healing, for us, for FOM (it pays to be patient, you've taught us that!) and all the dedicated cannabis activists, fans, lurkers, devotees, that have helped make this decision possible. Its called the Hundreth Monkey Syndrome, or Critical Mass, or how about 'Common Sense'?
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Comment #5 posted by Virgil on December 17, 2003 at 19:39:29 PT
Fox News local news mentioned ruling
The Seattle Times article makes the LA Times look pitiful and the NY Times bailed with reporting the few words the AP put out. As usual the WP just sucks and practices their silence routine. The Seattle Times article was of course on CNews- http://www.cannabisnews.com/news/thread17983.shtmlRC has his views on the ruling up now- http://www.marijuananews.com/news.php3?sid=723The local news on the Fox/Faux network at 10 PM had short coverage of the ruling and said the patients would not be able to transport MJ across state lines.
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Comment #4 posted by SystemGoneDown on December 17, 2003 at 19:32:30 PT:
QUERY
Hey, interesting observation...Has anyone seen ONE LICK of coverage about this on FoxNews?I swear, they are corporate puppets. I didn't see it on CNN either but they at least had it at cnn.com
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Comment #3 posted by Virgil on December 17, 2003 at 19:27:42 PT
Good article, good paragraph from Seattle
These are the last two paragraphs from the report in the Seattle Times at http://seattletimes.nwsource.com/html/localnews/2001817082_pot17m0.html>>Hiatt, the Seattle attorney, said the states'-rights argument may be difficult for the federal government to challenge. "For the Bush administration to fight this would be very difficult and very hypocritical, because they'd be fighting against the very conservative doctrines they've been venerating for the past few years." 
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Comment #2 posted by SystemGoneDown on December 17, 2003 at 19:17:53 PT:
MURDER 
We are slowly and torturously murdering those responsible for keeping cannabis down. The courts are now hearing about whether marijuana can be bought and sold. Daring to even bring this up was unheard of just 20 years ago, maybe even 10. Now, reality has kicked in and they are struggling to gasp their content. The internet has liberated the truth, and now even the Supreme Court is getting involved to justify what is happening. Ultimately, the courts will see that the 1970 Controlled Substances Act is unconstitutional if state legislation contradicts it. We can only pray that the powerful government won't find a loophole to keep down the progress in this legalization effort.
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Comment #1 posted by FoM on December 17, 2003 at 18:21:58 PT
Donations
Couldn't growers of medical marijuana accept donations?
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