cannabisnews.com: Airline Not Fined for Barring Medicinal Pot User Airline Not Fined for Barring Medicinal Pot User Posted by CN Staff on March 30, 2004 at 12:54:21 PT By Eliot Kleinberg, Palm Beach Post Staff Writer Source: Palm Beach Post The U.S. Department of Transportation has ruled Delta Air Lines shouldn't have barred former Boca Raton stockbroker Irvin Rosenfeld and his medicinal marijuana from a flight, but declined to penalize the airline. Rosenfeld said Monday he will appeal.Rosenfeld, who now lives and works in Broward County, suffers from a rare disease and needs the marijuana, grown and supplied by the federal government, to control pain that makes it impossible to walk. In March 2001, Rosenfeld tried to fly from Fort Lauderdale-Hollywood International Airport to Washington to support defendants in a U.S. Supreme Court case over expanded medical use of the drug. Rosenfeld said he alerted Delta in advance, as he has many times when flying Delta and other airlines. But when he arrived, agents wouldn't let him board.Rosenfeld sued Delta under the federal Air Carriers Access Act, then decided to drop the suit because of an appeals court's ruling in a similar case and instead filed a complaint with the DOT. The agency ruled Friday that Rosenfeld had the right to board with his marijuana, but that because he is one of only seven surviving participants in the program, since canceled, the burden was on him to have proper documents. Delta agents "made reasonable efforts to confirm Mr. Rosenfeld's status but were unable to do so, in view of the incomplete and ambiguous documentation offered by Mr. Rosenfeld," Samuel Podberesky, assistant general counsel for aviation enforcement and proceedings, concluded."All they would have had to do was call Bascom-Palmer pharmacy" in Miami, which supplies the prescription, Rosenfeld said Monday. He said he's confident the ruling will itself be the documentation he needs in the future but said he still plans to appeal. He has argued that he has asked the federal government for years, without success, to provide him documents proving he may carry the marijuana."I'm saddened that they'd decided to sort of let Delta off the hook," Richard McKewen, an attorney for Georgetown University's Institute for Public Representation, which represented Rosenfeld, said Monday from Washington. "It would be outrageous if it were any other disability with any other medication requirement."Delta spokesman Anthony Black said the airline had no comment other than that it authorized Rosenfeld to fly on Delta with his marijuana in the future.The DOT's ruling also noted that Delta, while not admitting wrongdoing, has offered to reimburse Rosenfeld the extra cost of switching planes, about $250.Source: Palm Beach Post, The (FL)Author: Eliot Kleinberg, Palm Beach Post Staff WriterPublished: Tuesday, March 30, 2004Copyright: 2004 The Palm Beach PostContact: letters pbpost.comWebsite: http://www.palmbeachpost.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmDOT Dismisses Complaint from User of MMJ http://cannabisnews.com/news/thread18554.shtmlMan Travels With Pot, His Medicinehttp://cannabisnews.com/news/thread15895.shtmlSuit Dropped in Fight Over Marijuana http://cannabisnews.com/news/thread14994.shtml Home Comment Email Register Recent Comments Help Comment #4 posted by FoM on March 31, 2004 at 12:11:04 PT ASA: Defending Patients on a New Level Dear ASA Supporters,In the fall of 2002, ASA started a legal campaign to bring current legal information to patients, caregivers, doctors and attorneys. In our first year of the campaign, ASA produced a Legal Manual for patients, referred patients to attorneys and did a two Know Your Rights tours with stops in 34 cities in California, Oregon, and Washington.This year we are expanding the legal campaign to include two new staff members, an attorney and a coordinator. I am very excited to introduce you all to ASA's new staff attorney, Joe Elford. Joe is a criminal defense attorney and was a member of Ed Rosenthal's legal team. He has worked with ASA for only 2 ½ months in that short time he has:1. Produced a "How to Defend a Medical Marijuana Patients in California" manual http://www.safeaccessnow.org/article.php?id=927 and is working with the San Francisco Public Defenders' office to organize trainings of public defenders on medical marijuana law in a model program, which we are working to replicate throughout the state.2. Drafted, filed, and argued briefs challenging the constitutionality of a federal prosecution of Anna and Gary Barrett who are facing mandatory minimum sentences of twenty years imprisonment for cultivating marijuana for their personal medical use as explicitly authorized by a California Superior Court judge. This case marks the first application of the Raich decision to a criminal case. (United States v. Barrett). Although the case was not dismissed, ASA argued and was granted the "Raich defense" in which will be argued in front of a jury. This hearing resulted in an AP story that was picked up in 97 outlets. http://www.safeaccessnow.org/article.php?id=9303. Filed the complaint in Los Angeles on behalf of medical marijuana patient/ caregiver and activist Sister Somayah. The complaint is seeking compensatory and punitive damages, and declaratory and injunctive relief, against the LAPD and LAPD Detective Steven McArthur. They have repeatedly raided and arrested her despite her acquittal on all charges after a jury trial more than three years ago. 4. Drafted and filed a brief seeking dismissal of the charges against a husband and wife who cultivated marijuana plants for their own personal medical use based on the absolute protections for such conduct afforded by SB 420. The wife's charges were dropped and the husband is waiting for his next court date.5. Sent letters to two employers seeking reinstatement and back pay for two patients who were fired from their positions for testing positive for marijuana, despite having doctor's recommendations to do so. If they are not reinstated, ASA will prosecute civil actions on their behalf, asserting a cause of action for wrongful termination in violation of public policy.6. Advised over twenty-five medical marijuana patients facing state charges for cultivation and possession with the intent to distribute based on the quantity and/or form of marijuana they possessed. In these conversations, patients, their relatives, and/or their attorneys were advised about the current status of the law, available defenses, and legal procedures.7. Advised three medical marijuana patients seeking the return of their property and/or damages resulting from the seizure of their medicine.8. Coordinated with ASA staff to provide media support with approximately five patient-defendants in California, Washington and Montana.9. Advised three medical marijuana patients who are embattled in custody disputes which threaten the loss of custody or visitation rights of their children due to their medical marijuana use.10. Researched whether insurance carriers may refuse to insure medical marijuana patients, due to their marijuana use, for a possible civil action.11. Taught two classes for law students and the public on medical marijuana laws.With your help, we hope to meet the following goals this year:+ Develop on-line brief bank+ CA tour offering CLE accredited classes on SB 420 for attorneys and public officials.+ Develop legal packet for doctors in all MMJ states+ Develop legal manuals for patients in all MMJ states+ Litigate key cases+ Offer legal guidance to patients nation-wide+ Offer legal guidance to patients' council nation-wide+ Train public defenders+ Develop trainings for law enforcement+ Research and organize class action suits and /or motions for return of propertyWe were given seed money to start this project but we need your help to continue. In just 2 ½ months, ASA's legal campaign has directly aided 48 medical marijuana patients, with your help we can continue this important work. Please give what you can! Make checks payable to ASA-SEE and send to 1678 Shattuck Ave. #317 Berkeley, CA 94709 or donate on line http://www.safeaccessnow.org/article.php?list=type&type=10Together we can end the war on patients! Thank you for your support, Steph ShererASA's Legal Budget 2004Staff Attorney: $40,000Coordinator: $25,000Printing (manuals): $15,000Court Costs (transcripts, copying): $4,000Travel: $6,000Total: $90,000Raised to date: $30,000Need $60,000 [ Post Comment ] Comment #3 posted by FoM on March 30, 2004 at 20:07:42 PT News Brief from TheKSBWChannel.com Judge To Reconsider WAMM Decision Medical Marijuana Group Wants Protection From Federal Raids March 30, 2004SANTA CRUZ, Calif. -- A recent court ruling has some local medical marijuana users hoping a judge will be convinced to protect them from raids by federal agents.Last December, the 9th Circuit Court of Appeals ruled that federal prosecutors had no standing to go after medical marijuana users who did not buy or sell marijuana or move it across state lines. The Women's Alliance for Medical Marijuana wants protection from federal raids. On Wednesday, the same judge who threw out their case will reconsider his decision."It's really hard when you're fighting a serious illness and trying to take care of your friends who are dying and fighting the federal government all at the same time," WAMM member Suzanne Pfeil said.WAMM is seeking the return of 167 marijuana plants uprooted during a September 2002 raid by federal agents.While the legal challenges that began in 2002 continue, WAMM says 25 of its members have died and its medical marijuana supplies have dwindled.Copyright 2004 by TheKSBWChannel.comWAMM: http://www.wamm.org/http://www.theksbwchannel.com/news/2962195/detail.html WAMM Raided On September 5, 2002 [ Post Comment ] Comment #2 posted by mayan on March 30, 2004 at 15:33:08 PT Still Kickin' The fact that seven of the ten original federal medical cannabis recipients are still alive is proof that cannabis is an effective,viable medicine. The government probably had no idea these folks would live this long and probably wishes they would kick the bucket. What an embarrassment for the feds, and the harrassment of Rosenfeld only brings it further to light! The way out...Rice to testify in public, under oath: http://msnbc.msn.com/id/4623066/Main course: cooked Rice http://www.newsday.com/news/opinion/columnists/ny-nyhen283726054mar28,0,7356262.columnRed Flags - Leaps of Faith Required to Accept the Official Story: http://911research.wtc7.net/disinfo/deceptions/index.htmlThe Bush Administration and 9/11: Open Eyes Required http://www.scoop.co.nz/mason/archive/scoop/stories/bd/e2/200403301122.7137455c.html60 Minutes with Condoleezza Rice and One Big Question: http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=163&mode=thread&order=0&thold=0Stand Down - Exposing NORAD's Wag The 9/11 Window Dressing Tale: http://www.standdown.net/index.htm [ Post Comment ] Comment #1 posted by billos on March 30, 2004 at 13:58:55 PT: Another run-away renegade .............. section of Big Government, the DOT, is going to ensure that soon, holders of CDL's give hair samples when called for random drug tests so that they can penalize for a metabolite in one's system now says it should have been ok for this man to carry pot on a plane. Is this the same form of government that says no to any use of cannabis?? [ Post Comment ] Post Comment