cannabisnews.com: Federal Appeals Court Continues To Permit MMJ





Federal Appeals Court Continues To Permit MMJ
Posted by CN Staff on March 01, 2004 at 17:38:30 PT
By Staff 
Source: BPNews
Washington -- A federal appeals court has refused to reconsider a ruling permitting medical use of marijuana, despite a request by the Bush administration.The U.S. Ninth Circuit Court of Appeals declined the federal government’s request to rehear arguments on the December opinion by a three-judge panel of the court, The New York Times reported. In that decision, the panel voted 2-1 to allow marijuana to be used medically by those who grow it or obtain it for free.
The Bush administration refused to say if it would appeal the Feb. 25 order to the U.S. Supreme Court, according to The Times.In the Ninth Circuit’s December ruling, the medical use of marijuana was upheld as permissible in a state that allows it, as long as a patient has a doctor’s permission and there is no payment for the drug nor any interstate commerce.With the appeals court’s Feb. 25 order, the ruling continues to stand in the nine states in the Ninth Circuit. Seven of those states have laws permitting medical use of marijuana: Alaska, Arizona, California, Hawaii, Nevada, Oregon and Washington.Opponents of medicinal marijuana contend the campaign for such use will advance efforts to decriminalize the substance, which is the most commonly abused illicit drug in the country and often leads to the use of even more dangerous drugs.The case, Raich v. Ashcroft, involves two women who have used marijuana for health problems. Angel Raich has used marijuana grown and provided without charge by two friends to treat several serious medical conditions, including a brain tumor. Diane Monson has used marijuana she has grown to treat severe back pain and muscle spasms.The Ninth Circuit ruling and recent order followed an October decision by the Supreme Court not to review an opinion from the same circuit blocking the federal government from punishing doctors who recommend the use of marijuana to patients. In 2002, a Ninth Circuit panel upheld a federal judge’s permanent injunction barring the federal government from revoking or threatening to revoke a doctor’s license to prescribe drugs if he has recommended marijuana use.The Controlled Substances Act, a federal law enacted in 1970, prohibits the use of marijuana and other drugs.California voters legalized medicinal marijuana use by approving the Compassionate Use Act in a 1996 referendum.In 2001, the U.S. Supreme Court ruled against marijuana cooperatives in another case, barring them from distributing the drug for medical purposes.Complete Title: Federal Appeals Court Continues To Permit Medical MarijuanaSource: BPNews (TN) Published: March 01, 2004Copyright: 2004 Southern Baptist Convention, Baptist PressContact: bpress sbc.netWebsite: http://www.sbcbaptistpress.org/Related Articles & Web Site:Raich vs Ashcroft Ruling in PDF http://freedomtoexhale.com/ruling.pdfMedical Marijuana and Its Witless Enemies http://cannabisnews.com/news/thread18415.shtmlCourt Allows Medicinal Use of Marijuanahttp://cannabisnews.com/news/thread18406.shtmlFederalism Wins - National Reviewhttp://cannabisnews.com/news/thread18002.shtml
Home Comment Email Register Recent Comments Help




Comment #8 posted by E_Johnson on March 01, 2004 at 20:36:36 PT
Put Maginnis through the deBabelizer
"But Maginnis added it's important to continue prosecutions because the controversy is being fueled by a small group that wants all drugs legalized.
"But Bob Maginnis added it's important to throw sick people in jail to rot and die, because they've been politically tainted by Libertarians.
[ Post Comment ]


Comment #7 posted by goneposthole on March 01, 2004 at 20:16:50 PT
Medical marijuana during Vietnam war
Well, kind of. I found this tidbit on how the Vietnam war came to a frazzled and fizzled end. A little off topic."From mild forms of political protest and disobedience of war orders, the resistance among the ground troops grew into a massive and widespread "quasi-mutiny" by 1970 and 1971. Soldiers went on "search and avoid" missions, intentionally skirting clashes with the Vietnamese and often holding three-day-long pot parties instead of fighting.By 1970, the Army had 65,643 deserters, roughly the equivalent of four infantry divisions."http://struggle.ws/freeearth/harass_brass.htmlDraftees had had enough.A re-instated draft will definitely bring an end to the war in Iraq. 
[ Post Comment ]


Comment #6 posted by Virgil on March 01, 2004 at 19:53:17 PT
Chinese report on US human rights abuses
The Chinese turn the tables on the holier-than-thou attitude of the USA that always evaluates the rest of the world on human rights. This is a long report including some drug issues by the Chinese on the USA from http://informationclearinghouse.literati.org/article5799.htmFollowing is the full text of the Human Rights Record of the United States in 2003, released by the Information office of China's State Council Monday. 03/01/04 "People's Daily"The Human Rights Record of the United States in 2003 By the Information Office of the State Council of the People's Republic of China March 1, 2004 On February 25, 2004, the State Department of the United States released its Country Reports on Human Rights Practices for 2003 (called the "reports" thereafter). As in previous years, the United States once again acted as "the world human rights police" by distorting and censuring in the "reports" the human rights situations in more than 190 countries and regions across the world, including China. And just as usual, the United States once again "omitted" its own long-standing malpractice and problems of human rights in the "reports". Therefore, we have to, as before, help the United States keep its human rights record. I. On Life, Freedom and Personal Safety 
The United States has long been in a violent, crime-ridden society with a severe infringement of the people's rights by law enforcement departments and with a lack of guarantee for the life of people, their freedom and personal safety. **************"Bush has so far earned an ill fame as an emotional backbiter, but his recent address clearly proves he's a shameless charlatan reversing black and white under the eyes of the world, and the incarnation of the misanthropy as he rejects the people out of his favour for no reason."
[ Post Comment ]


Comment #5 posted by Virgil on March 01, 2004 at 19:14:31 PT
If we hold all lines, then prohibition will live
Opponents of medicinal marijuana contend the campaign for such use will advance efforts to decriminalize the substance, which is the most commonly abused illicit drug in the country and often leads to the use of even more dangerous drugs.
Remember that the issue is prohibition and the media. Here we have the media being friendly to prohibition by not saying that prohibition is more harmful than Free Cannabis ever could be. We see some goofy talk in the above statement that conjures up logic that says if my little girl never kisses anyone she cannot get pregnant. Let's keep Mary Jane locked in her room because letting her out will lead to STD, pregnacy, or even abortion.That of course is the real reason that opponents oppose medical marijuana. The fall of the second wall cannot come without the fall of the magnificent Stonewall that monuments prohibitionist strategy.To say that marijuana is the most abused illicit drug in the country show friendliness to the prohibitionist cause. I say that meth is the most abused substance. I will even say that tobacco is illicit to children and that that means it can be illicit in use and since it is highly addictive, that it is illicit use is more harmful than cannabis. The article conveys a simple fact, but it the prohibitionist media being the prohibitionist media.California voters legalized medicinal marijuana use by approving the Compassionate Use Act in a 1996 referendum.It is strange to see Compassionate Use Act used in an article. It almost makes me think the author might actually read Cnews. It is weird that he did not say they approved Propostion 215, as that would have been the proper context. It is a good sign.
[ Post Comment ]


Comment #4 posted by kaptinemo on March 01, 2004 at 18:17:23 PT:
And that says it all, doesn't it?
These people, for all their weird ideas as to what cosntitutes proper reality, haven't completely lost touch with it. They know that to continue to prosecute this case openly will cost Herr Busch the electoral votes he desperately needs...without seeing that that his actions against the patients *may have already caused it to happen.* California has been very hard hit by the Busch economy, and many are leaving what was once a State known nation wide as a job magnet. The attacks on patients there haven't garnered much respect for the Busch style of governence. Californians have, courtesy of the WAMM and other raids, the Rosenthal trial, etc., seen first hand the truth behind the sweet sounding words like 'compassionate conservatism', as practiced by groups like these. The damage has already been done. To expect California to remain a 'red' State after all this...well, that's where Maginnis and company completely part company with reality.
[ Post Comment ]


Comment #3 posted by mayan on March 01, 2004 at 18:14:25 PT
Illinois MMJ Vote...
WHAT: Medical Marijuana Legislation Receives Hearing Scheduled For Next TuesdayWHERE: Illinois Healthcare Availability and Access Committee
    State House
    Room 114
    Springfield IL 62706
    (217) 782-4207WHEN: Tuesday, March 2, 2004, 4:00 pmNext Tuesday, March 2, at 4:00 pm, the Illinois Healthcare Availability and Access Committee will hold a hearing on House Bill 4868, which would enact statewide legal protections shielding seriously ill patients who 
use marijuana therapeutically from state prosecution.This year's legislation offers significant legal protections for patients who use marijuana under a doctor's supervision. However, legislators will only support this measure if they hear from you. Please take a moment
today to write your Representative and tell him or her to support House Bill 4868. Pre-written letters are available online from NORML at:
http://capwiz.com/norml2/issues/alert/?alertid=5047336&type=STIn addition, if your Representative serves on the Healthcare Availability and Access Committee, it is vital that you contact him or her this week, and voice your support for medical marijuana. The committee is 
expected to vote on this proposal immediately following the hearing.The following Representatives serve on the Healthcare Availability and Access Committee:Mary Flowers (D-IL 31st), Chair - (217) 782-4207
Karen May (D-IL 58th), Vice-Chair - (217) 782-0902
Rosemary Kurtz (R-IL 64th), Republican Spokesperson - (217) 782-0432
Frank Aguilar (R-IL 24th) - (217) 782-8173
Patricia Bailey (D-IL 6th) - (217) 782-5971
Maria Berrios (D-IL 39th) - (217) 558-1032
Linda Chapa-Lavia (D-IL 83rd) - (217) 558-1002
Elizabeth Coulson (R-IL 17th) - (217) 782-4194
John Fritchey (D-IL 11th) - (217) 782-2458
Deborah Graham (D-IL 78th) - (217) 782-6400
Brent Hassert (R-IL 85th) - (217) 782-4179
Constance Howard (D-IL 34th) - (217) 782-6476
Carolyn Krause (R-IL 66th) - (217) 782-3739
David Miller (D-IL 29th) - (217) 782-8087
Rosemary Mulligan (R-IL 65th) - (217) 782-8007
Ruth Munson (R-IL 43rd) - (217) 782-8020
Kathleen Ryg (D-IL 59th) - (217) 782-0499
Ricca Slone (D-IL 92nd) - (217) 782-3186
Keith Sommer (R-IL 106th) - (217) 782-0221
Ron Stephens (R-IL 102nd) - (217) 782-6401If you reside in or near Springfield, please consider attending next Tuesday's hearing. If you can not attend, please contact your Representative this week and let him/her know that you support medical marijuana and House Bill 4868.Thank you again for your support of NORML's legislative efforts in Illinois.Regards,Kris Krane - 
Associate Director NORML
[ Post Comment ]


Comment #2 posted by Sam Adams on March 01, 2004 at 18:09:17 PT
Interesting FoM
Maybe hunting season on med. mj patients has officially ended. It's T minus 8 months and counting till E-day, time to reign in Aschcroft and the boys. Let's just hope it's a permanent vacation for these lunatics.
[ Post Comment ]


Comment #1 posted by FoM on March 01, 2004 at 17:47:08 PT
Check What Bob Maginnis Said
One of the options is appealing the decision to the Supreme Court. But culture commentator Bob Maginnis doesn't think that's going to happen because, according to the polls, it's an issue that divides the American people — "especially in the West, where the president needs the votes of those high population states like California."But Maginnis added it's important to continue prosecutions because the controversy is being fueled by a small group that wants all drugs legalized. "Once you alter the perception about marijuana as a medicine," he said, "then you're going to make it much easier to change drug laws with regard to the exchanging of needles, with regard to how we prosecute drug users." Complete Article: http://www.family.org/cforum/fnif/news/a0030994.cfm
[ Post Comment ]


Post Comment