cannabisnews.com: Stage Set for Legal Showdown Over Pot Stage Set for Legal Showdown Over Pot Posted by CN Staff on May 19, 2004 at 10:25:26 PT By Eric Bailey, Times Staff Writer Source: Los Angeles Times Sacramento -- A pair of medical marijuana patients won legal protection Tuesday against arrest and federal prosecution, setting the stage for a U.S. Supreme Court showdown to determine whether states can allow cannabis to be used as medicine.U.S. District Judge Martin Jenkins in San Francisco issued a preliminary injunction against the U.S. preventing it from pursuing a drug case against the two patients — Angel Raich of Oakland and Diane Monson of Oroville — and two anonymous caregivers who supply the pot. Tuesday's court order was expected in the wake of a December ruling by the 9th U.S. Circuit Court of Appeals, which declared that Raich and Monson were within their rights to use marijuana as medicine. As part of that decision, the three-judge panel ordered the lower court to issue a preliminary injunction against the federal government.Despite that certainty, Raich expressed happiness that the ruling had arrived and said she was looking forward to the case going before the U.S. Supreme Court, perhaps by year's end."I want the public to know what the federal government has been doing after 9/11," she said. Snipped:Complete Article: http://www.freedomtoexhale.com/stage.htmSource: Los Angeles Times (CA)Author: Eric Bailey, Times Staff WriterPublished: May 19, 2003Copyright: 2004 Los Angeles TimesContact: letters latimes.comWebsite: http://www.latimes.com/Related Articles & Web Site:Raich vs. Ashcroft http://www.angeljustice.org/Judge Protects 2 Medical Pot Usershttp://cannabisnews.com/news/thread18875.shtmlBush Asks Supreme Court To Okay Attackshttp://cannabisnews.com/news/thread18715.shtmlJudge Prohibits Raids on Pot Clubhttp://cannabisnews.com/news/thread18712.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by OverwhelmSam on May 20, 2004 at 06:50:44 PT Let's Hope That The Bush Administration Has not already lined up the votes in the Supreme Court to overturn the 9th Circuit's decision. If that happens, we have no other choice but to confront the Senators and Representatives in Congress who are anti-marijuana legalization. [ Post Comment ] Comment #4 posted by mamawillie on May 20, 2004 at 06:30:08 PT merrymace I hope you are right!The only thing I know is Clarence Thomas paved the way for the federalism clause to be challenge several years ago (don't know the case) when someone tried to use the medical defense for marijuana use. The supremes struck down that defense, but Thomas in his writings, brought forth the issue of non-commercial in state use might not be applicable to the federal government if it remains a state issue.So that SOUNDS promising.And I do agree.. if the feds played their game right, they's just leave the 9th circuit be. I think the problem is: the cat is out of the bag. Other curcuits might use the 9th to strike down the commerce clause and then the feds lose again.I do believe they are taking a monumental chance on taking this to the Supremes...But if the Supremes don't agree with the 9th circuit, I do believe they will get some more direction in the writings to be able to start anew with a new plantiff. Of course, this would take another couple of years to get to fruition, but the point is: We're making headway!Mama [ Post Comment ] Comment #3 posted by FoM on May 19, 2004 at 16:56:32 PT merrymace Welcome to CNews. I can't answer your questions though. I have a hard time trying to figure out what it all means. I'm glad you like Cannabis News. We have good caring people here. That's what makes it work I believe. [ Post Comment ] Comment #2 posted by merrymace on May 19, 2004 at 16:49:36 PT: Is the SCOTUS going to hear this case? Raich vs. Ashcroft is a nightmare for the feds. In US vs. Lopez (1996) the SCOTUS (Rehnquist writing the opinion) tossed out the Federal "Gun-Free School Zones Act of 1990" [law] stating that Congress does not have the right to pass a law dealing with noncommercial activities (like bring a gun into a school). IFAIK this is the basis for the Ninth's decision for ruling for the plaintiff.If Raich vs. Ashcroft is heard by the SCOTUS Raich will most likely win. This win will mean an end the CSA (Controlled Substances Act aka Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970) concerning the noncommercial use (possession or production) of any “drug”. If I was Ashcroft I wouldn't appeal and let the decision only be applicable to the Ninth. A SCOTUS ruling for Raich would be the beginning of the end of marijuana prohibition. Once the feds go away I bet one really broke state will legalize marijuana and tax the crap out of it (high taxes are still much better than having it illegal). Some states will follow right after.Has an appeal even been filed by the DOJ in this case? I believe they have 90 days to file or they lose. If so I suspect most likely the Supremes won't even hear it, either siding with the Ninth or [unlikely] ordering the case reheard.This case is really going to neuter the feds. Do they even realize it?(Hey FoM, you've got a great site, thanks for all you do.) [ Post Comment ] Comment #1 posted by RasAric on May 19, 2004 at 11:33:58 PT Bring It On Ashcroft & Bush I, like every other true Patriot, have had it with these Treasonist PIGS.It's time they get what's coming to them. I hope the court slaps these traitors down.I love the way Bush thinks of himself as a Christian...Just like the so called "christians" in the Spanish Inquisition murdering and torturing in God's name.This is the reason we separate God and Government. It is intended to keep politicians from getting confused and forgetting their place in the grand scheme of things. Bush and Ashcroft, however, need to be continually reminded of their place as servants to the people and not their twisted versions of God. [ Post Comment ] Post Comment