cannabisnews.com: Medical Marijuana Users Exempt from Federal Law Medical Marijuana Users Exempt from Federal Law Posted by CN Staff on December 18, 2003 at 07:38:50 PT Staff and News Reports Source: Star-Bulletin A federal appeals court has ruled that a congressional act outlawing marijuana may not apply to sick people who have a doctor's recommendation in states that have approved medical marijuana laws.The 9th U.S. Circuit Court of Appeals ruled 2-1 Tuesday that prosecuting these medical marijuana users under a 1970 federal law is unconstitutional if the marijuana is not sold, transported across state lines or used for nonmedicinal purposes. "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," Judge Harry Pregerson wrote for the majority.The court added that "this limited use is clearly distinct from the broader illicit drug market, as well as any broader commercial market for medical marijuana, insofar as the medical marijuana at issue in this case is not intended for, nor does it enter, the stream of commerce."Hawaii County Police Capt. Samuel Thomas noted that the ruling applies to federal law.Although Hawaii has a state law that permits medical marijuana use, registered medical users must still remain within the confines of that law, which limits users to possessing three mature plants and four immature plants at any time, plus one ounce of processed marijuana per mature plant. Any more than the total, and registered users are subject to arrest, Thomas said.The Rev. Dennis Shields, of Kona, an advocate of religious and medical use of marijuana, responded to the 9th Circuit ruling with the words of Martin Luther King Jr., "Free at last, free at last."The court is finally recognizing that medical marijuana is different from drug trafficking, Shields said.But the state law still poses problems, Shields said. It promises medical users an "adequate supply," yet the limitation to seven plants, which are not available during the nongrowing season, means patients often do not have an adequate supply, he said.The 9th Circuit decision was a blow to the Justice Department, which argued that medical marijuana laws in nine states, including Hawaii, were trumped by the Controlled Substances Act, which outlawed marijuana, heroin and a host of other drugs nationwide.The case concerned two seriously ill California women who sued Attorney General John Ashcroft. They asked for a court order letting them smoke, grow or obtain marijuana without fear of federal prosecution.In addition to Hawaii, Alaska, Arizona, Colorado, Maine, Nevada, Oregon and Washington state have laws similar to California, which has been the focus of federal drug interdiction efforts. The appeals court does not have jurisdiction over Colorado and Maine. The case is Raich vs. Ashcroft, 03-15481.The Associated Press and Star-Bulletin reporter Rod Thompson contributed to this report. Source: Honolulu Star-Bulletin (HI)Published: Thursday, December 18, 2003 Copyright: 2003 Honolulu Star-BulletinContact: letters starbulletin.comWebsite: http://www.starbulletin.com/Related Articles & Web Sites:Raich v. Ashcroft in PDFhttp://freedomtoexhale.com/ruling.pdfRev. Dennis Shieldshttp://hialoha.com/konagold/church/Ruling Bolsters Medical Marijuana Lawhttp://cannabisnews.com/news/thread17988.shtmlAppeals Court OKs Medicinal Pothttp://cannabisnews.com/news/thread17987.shtmlMarijuana Decision Does Not Sanction Sales http://cannabisnews.com/news/thread17986.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by druid on December 19, 2003 at 13:20:55 PT Rev We all know and respect you and know where you are coming from! Anyone who believes the media reports the truth is full of BS. The media reports on stuff that is going to be watched and approved by the sheople. They are all whores that way. Thank god for sites like CannabisNews, YellowTimes, GuerillaNews, CounterPunch, alternet and I am sure I left a couple out. [ Post Comment ] Comment #1 posted by Rev Jonathan Adler on December 19, 2003 at 13:14:17 PT: Strange how they go around me? Star Bulletin is knowingly giving Hawaii partial news. Slanted news. Imperfect reporting. Yellowish journalism. Who operates the Hawaii Medical Marijuana Institute for the past 8 years? Who has passed the court test regarding religious use of cannabis? Who has the Star Bulletin left out of every article that called for comment on medical or religious judical decisions state or federal? Oh, that's right............................................ me. I think it's dispicable when news agencies fix and shape the news to their own liking while leaving the truth out totally. If non-medicinal use is illegal and religious use has been validated and is NOT limited by law, federal or state.............then as many people who desire to can legally become members! And legally use their "sacramedicine"!(TM) Consider the possibilities. Star Bulletin , shame on you. Get the facts from the experts. Cops are not experts in religious use of cannabis and neither is the other person who was interviewed. Period. Medical Experts were available, but not innterviewed. I am NOT in jail, contrary to some belief. Sorry, but I'm free. And plan to stay that way. The future starts now. Hawaii Medical Marijuana Institute [ Post Comment ] Post Comment