cannabisnews.com: Medical ‘Pot’ Pits States Against Feds 





Medical ‘Pot’ Pits States Against Feds 
Posted by CN Staff on May 24, 2004 at 07:17:23 PT
By Ryan Justin Fox, Special To Stateline.org
Source: Stateline.org 
The movement to legalize medical marijuana chalked up a victory in a tenth state last week, while legislative efforts to let chronically ill patients smoke away their pain smolder in several other capitals. Vermont became the latest state to buck federal law outlawing marijuana. Proponents hope a growing acceptance by states of marijuana use by patients will help snuff out federal drug enforcers' efforts to crack down on the practice, which continues to face challenges in the country’s highest courts.
Lawmakers in Vermont gave final approval May 19 to a bill legalizing the use and possession of marijuana by people who suffer from diseases such as AIDS, cancer, glaucoma, arthritis or multiple sclerosis. Republican Gov. Jim Douglas does not support the measure, but has pledged to let it become law without his signature. Vermont and Hawaii are the only two states where legislators have passed measures to legalize medical marijuana. In eight other states – Alaska, Arizona, California, Colorado, Maine, Nevada, Oregon and Washington – voters passed laws by ballot initiative. Maryland does not condone medical "pot," but Gov. Robert Ehrlich (R) in 2003 signed a bill allowing patients who use marijuana to cite health reasons as a defense in court, resulting in a lesser penalty for possession. Medical marijuana advocates praised the Vermont measure, which culminates a three-year effort in the state to legalize therapeutic use of the drug. “This is a humane, compassionate measure that offers hope and protection to some of Vermont's most vulnerable citizens. … The sick should not be casualties in the war on drugs,” Michael Levine, director of state policy for the Washington, D.C.-based advocacy group, Marijuana Policy Project, said in a press release. Vermont’s governor, although under pressure from Bush administration officials to veto the bill, said in a statement: “I believe that we owe Vermonters with debilitating medical conditions the very best that medical science has to offer. Proven science has not demonstrated that marijuana is a part of that. Despite that fact, marijuana offers those with the most painful chronic diseases a measure of hope in a time of suffering.” In addition to Vermont, lawmakers in Connecticut, Illinois, Michigan, New York, Rhode Island and Wisconsin also proposed bills in 2004 to permit medical marijuana use, but so far efforts there have stalled or been defeated. Voters in Alaska, Arkansas and Montana may determine their marijuana policies through ballot initiatives during their general elections in November. Under federal law, which was upheld by a 2001 U.S. Supreme Court ruling, it is illegal for anybody to possess or use marijuana even if someone claims “medical necessity.” Therefore, state laws permitting medical use have come under fire by federal officials. The U.S. Drug Enforcement Administration, for example, has cracked down on a number of facilities in California that distribute marijuana for medical reasons. “This is a states’ rights issue. The foundation of this country is based off of 50 laboratories of democracy,” said former New Mexico Gov. Gary Johnson (R). Johnson, who has admitted to being a rehabilitated drug user, has been lobbying Congress on behalf of several interest groups to preach the benefits of medicinal marijuana. Another advocate, celebrity talk show host Montel Williams, who has multiple sclerosis, recently held a press conference to lobby for the cause in Albany, N.Y., where a bill is still pending. Under California’s 1996 “Compassionate Use Act,” privately owned cooperatives and distribution centers are allowed to dole out a limited amount of cannabis to terminally sick patients with a doctor’s prescription. The Wo/Men’s Alliance for Medical Marijuana in Santa Cruz, Calif., was one such distribution organization raided by DEA agents in 2002. As a result, the group sued the federal government. In April 2004, a federal judge in San Jose, Calif., ruled that the federal government did not have grounds to take punitive action against the group. The judge’s decision was based on a December 2003 ruling by the 9th U.S. Circuit Court of Appeals that said the federal government's 1970 Controlled Substances Act, which prohibits marijuana use, doesn't apply to sick patients with doctor’s approval to use the drug in states with medical marijuana laws. The San Francisco-based court, ruling 2-1, said that federal law enforcement officials don’t have authority to prosecute medical marijuana users if the substance is used for medical consumption under state law and is grown locally, dispensed non-commercially and does not cross state lines. The federal appeals court ruling was a strike at the U.S. Justice Department, which argued that federal law trumped any state laws legalizing medical marijuana. The federal government is expected to appeal to the U.S. Supreme Court, according to a legal expert at the Drug Policy Alliance. Although the 9th circuit is reversed on appeal more than any other federal court, legalization advocates said the ruling for now empowers states in that court’s jurisdiction to condone medical marijuana programs with little fear of federal intervention. They hope that state acceptance of medicinal uses will result in more lenient marijuana policies nationwide. “I think at a certain point, it will reach a critical mass where state and public opinion will force a change in federal policy,” Marijuana Policy Project spokesman Bruce Mirken said. Stateline.org Staff Writer Erin Madigan contributed to this report. Send your comments on this story to: letters stateline.orgSelected reader feedback will be posted in the Letters to the editor section. Source: Stateline.org (DC)Author: Ryan Justin Fox, Special To Stateline.orgPublished: Monday, May 24, 2004Copyright: 2004 Stateline.orgContact: letters stateline.orgWebsite: http://www.stateline.org/Related Articles & Web Sites:WAMMhttp://www.wamm.org/Marijuana Policy Projecthttp://www.mpp.org/Drug Policy Alliancehttp://www.drugpolicy.org/Mike & Valerie Corral Newshttp://freedomtoexhale.com/valc.htmMedical Marijuana Bill Will Become Lawhttp://cannabisnews.com/news/thread18878.shtmlWoman Has Led Fight for Marijuana To New Highhttp://cannabisnews.com/news/thread18873.shtmlMontel Speaks for Medical Marijuanahttp://cannabisnews.com/news/thread18831.shtml
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Comment #21 posted by Truth on May 25, 2004 at 09:52:21 PT
Dan
That's how it hit me too.
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Comment #20 posted by Dan B on May 25, 2004 at 08:18:44 PT
"Rehabilitated"?
". . . former New Mexico Gov. Gary Johnson (R). Johnson, who has admitted to being a rehabilitated drug user . . ."I do not believe that former Governor Gary Johnson would have used that terminology. "Rehabilitated" suggests that he had something to be rehabilitated from (smoking weed upon occasion is not something that requires "rehabilitation"), and also suggests that quitting cannabis is something that requires outside intervention. Gary Johnson never participated in a "rehabilitation" program to stop using cannabis. He quit all by himself, just like millions of other Americans have done. He later became the governor of New Mexico. Gee, that cannabis really damaged his career, didn't it? It sure led to an irrevocable amotivational syndrome, too, didn't it? Why, not long ago I read about his competition in triathlons and his desire to climb Mt. Everest. What a slacker!Cannabis does not require "rehabilitation," and I think Gov. Gary Johnson would be offended at this characterization of both him and the substance he once used for recreation.Dan B
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Comment #19 posted by E_Johnson on May 24, 2004 at 12:29:21 PT
The worst online experience of my life
was trying to reason with Dean supporters about the Drug War.Oh man, anyone who wasn't 100% with them, they called an evil right winger and attacked with bloody teeth.That was not fun. That will be how I remember Dean -- by how mean his followers could get online.
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Comment #18 posted by E_Johnson on May 24, 2004 at 12:25:27 PT
Dean bashed patients though
Dean was just a basher, period, and the people who faollowed him just bashed everything in sight, as far as i could see on the net.Bash bash bash hate hate hate mean mean mean scream scream screamLet's hate the war. Let's be as mean and hateful as a person could possibly be to show how much we hate the war.The was the Dean experience through my eyes. It was scary. Like watching Mussolini come out against the war. Just scary. The scariest antiwar group I have ever seen and I am from the sixties. 
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Comment #17 posted by FoM on May 24, 2004 at 12:05:06 PT
mayan
I will still vote for Kerry because I really dislike Bush. If Bush gets re-elected I'll deal with it but I hope he doesn't. Since I don't believe what politicians say voting for the lesser of two evils is what I feel I need to do. I'm sure Kerry knows by now that he isn't being assertive enough for many people. Hopefully he is staying quiet because it's the best thing for the time being. He doesn't have to say anything to beat Bush I hope. Bush did himself in with this war. 
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Comment #16 posted by mayan on May 24, 2004 at 11:43:13 PT
FoM...
Dean would be a better choice for VP but he bashed the war too much for the DNC to consider him. Nader knows he can't win he just wants to raise issues that Bush & Bush Lite won't raise. I believe many Bush supporters will jump ship and vote Libertarian...and some may even vote for Nader if they don't quite get drunk enough to vote Kerry. By the way, Bush is going on TV tonight and the major networks won't even air him! I've already posted the following article but it's regarding a possible scenario come November...if we don't have an "October surprise" first! Heck, a militay coup isn't out of the question!!! Bush has the entire world against him and Americans are finally beginning to understand why.Bush's Third-Party Threat:
http://www.cbsnews.com/stories/2004/05/21/politics/main619019.shtmlBad times for Bush... Poll: Bush Ratings Continue Slide
http://www.cbsnews.com/stories/2004/05/24/opinion/polls/main619122.shtmlGOP Infighting Rises, Poll Standings Fall:
http://www.kentucky.com/mld/kentucky/news/politics/8740144.htmDeath Total Tops 800:
http://www.antiwar.com/blog/comments.php?id=P950_0_1_0Bush is a war criminal, Livingstone tells rally: 
http://politics.guardian.co.uk/elections2004/story/0,14549,1222834,00.htmlVideo Suggests U.S. Forces Attacked Iraq Wedding:
http://abcnews.go.com/wire/World/reuters20040524_308.htmlIraq war's costs spiral beyond 1991 Gulf War:
http://www.theage.com.au/articles/2004/05/23/1085250859967.htmlForeknowledge and Failure [or worse?]
http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=273&mode=thread&order=0&thold=0
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Comment #15 posted by E_Johnson on May 24, 2004 at 09:59:14 PT
Dr. Russo, this suggests another experiment
Yoga eases sleep problems caused by cancer treatment:http://health.yahoo.com/search/healthnews?lb=s&p=id%3A58349Perhaps it does it by increasing cannabinoids.Cannabis enhances the effect of yoga for me. 
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Comment #14 posted by FoM on May 24, 2004 at 09:46:28 PT
DPFCA: Santa Cruz - ACLU Drug Policy Project
DPFCA: Santa Cruz - ACLU Drug Policy Litigation Project CAMPAIGN COORDINATOR for Marijuana Policy Reform Available July 2004 ACLU Drug Policy Litigation Project Santa Cruz, California OfficeThe ACLU. America's foremost advocate of individual rights, the American Civil Liberties Union is a nonpartisan organization founded in 1920. With national headquarters in New York and Washington and 53 affiliates throughout the country, it is widely regarded as one of the nation's premier public interest law firms.The Project. Founded in 1998, the Drug Policy Litigation Project is a special division of the national ACLU. Our goal is to end punitive drug policies that have caused an unprecedented level of incarceration and have resulted in widespread violation of constitutional rights.Beginning this summer, the Project is expanding to create a new program that challenges the punishment of non-violent marijuana users. This program will be led by an experienced strategist who will design a national campaign involving ACLU affiliates and other organizations, with the goal of repealing punitive marijuana laws.The Project brings "impact" lawsuits throughout the country. The Projects' legal strategies are built on the idea that fighting for civil rights means not just persuading judges but ultimately changing the way people think. As we litigate for change, we use targeted media and online and outreach campaigns to change public attitudes through education and to give people on the frontlines the tools they need to act.We have an unparalleled history of litigating cases on issues ranging from racial profiling in drug enforcement to restrictions on speech advocating drug policy reform. This new program aims to continue that tradition of success, harnessing litigation, in combination with coordinated public education and organizing, as a tool of drug policy reform. For more information, please visit our web site at www.aclu.org/drugpolicyThe Job. The Campaign Coordinator will be responsible for conceiving, designing, and executing a multi-year national advocacy campaign. With the aim of ultimately changing state and federal laws on marijuana, the position will require a sophisticated and visionary ability to influence public views on marijuana policy. Working closely with a staff attorney, the Campaign Coordinator will make significant use of litigation in state and federal courts. The position will require close coordination with the national ACLU, its 53 state affiliates, private attorneys, and allied organizations, both in litigation efforts and in efforts to secure reform in state legislatures and Congress. Significant attention will also be devoted to media and popular culture representations of marijuana and laws that criminalize its use.The Project is currently located in New Haven, Connecticut, but will be moving to Santa Cruz, California on July 1, 2004, where this position will be located.Qualifications. Applicants must have experience directing a national or state campaign for significant policy reform. The ability to design and implement complex programmatic initiatives is essential, as is familiarity with public opinion research tools, media relations, and other communications strategies. Familiarity with the relationship between litigation and broader advocacy campaigns, as well as background with drug policy issues, is preferable though not essential to this position. Applicants must have exceptional oral, written and interpersonal communication skills, proven success in managing staff and creativity. Applicants must also demonstrate the ability and/or experience in working with the media and in coalitions to achieve legislative goals.Salary and Benefits. Salary will be determined in accordance with the ACLU salary scale. Excellent benefits package provided.Applications. Applications will be accepted, by mail, until the position is filled. Please submit a letter describing your qualifications and interest in the position, a current resume, and the names and phone numbers of two references to:					Graham Boyd 					ACLU Drug Law Project 					85 Willow Street 					New Haven, CT 06511The ACLU is an Equal Opportunity/Affirmative Action Employer and Encourages Women, People of Color, Persons with Disabilities, Lesbians, and Gay Men to Apply.May 19, 2004 LEGAL ASSISTANTS (2 positions available) Available July 2004 ACLU Drug Policy Litigation Project Santa Cruz, California OfficeThe ACLU. America's foremost advocate of individual rights, the American Civil Liberties Union is a nonpartisan organization founded in 1920. With national headquarters in New York and Washington and 53 affiliates throughout the country, it is widely regarded as one of the nation's premier public interest law firms.The Project. Founded in 1998, the Drug Policy Litigation Project is a special division of the national ACLU. Our goal is to end punitive drug policies that have caused an unprecedented level of incarceration and have resulted in widespread violation of constitutional rights.The Project brings "impact" lawsuits throughout the country. We are currently litigating cases in federal courts challenging racial profiling in drug enforcement, drug sweeps in schools, censorship of speech advocating drug policy reform, and harassment of needle exchange programs. We anticipate litigation and public education efforts on issues including student drug testing, medical marijuana, women and the drug war, and the denial of federal financial aid for students with previous drug convictions. For more information, please visit our web site at www.aclu.org/drugpolicyThe Jobs. The legal assistants will provide administrative and secretarial support. Administrative responsibilities include maintaining legal file systems (electronic and paper); assistance with travel arrangements; processing expense reimbursements; telephone coverage/support; faxing and photocopying; and processing of incoming/outgoing mail. Secretarial responsibilities include correspondence and court filings.The Project is currently located in New Haven, Connecticut, but will be moving to Santa Cruz, California on July 1, 2004, where these positions will be located.Qualifications. At least three years' legal secretarial experience is preferable, though consideration will be given to exceptional candidates with less experience. Position requires strong administrative, organizational and interpersonal skills, including ability to work with minimal supervision, ability to multi-task, ability to prioritize tasks and follow through to completion, and ability to work well under pressure with close attention to details. Required proficiency in Microsoft Word, Excel, Acess, Outlook and Corel WordPerfect; good written and verbal communication skills.Salary and Benefits. Salary will be determined in accordance with the ACLU salary scale. Excellent benefits package provided.Applications. Applications will be accepted, by mail, until the position is filled. Please submit a letter describing your qualifications and interest in the position, a current resume, and the names and phone numbers of two references to:					Brenda Griffin					ACLU Drug Policy Litigation Project 					85 Willow Street 					New Haven, CT 06511The ACLU is an Equal Opportunity/Affirmative Action Employer and Encourages Women, People of Color, Persons with Disabilities, Lesbians, and Gay Men to Apply.May 19, 2004STAFF ATTORNEY (2 positions available) Available July 2004 ACLU Drug Policy Litigation Project Santa Cruz, California OfficeThe ACLU. America's foremost advocate of individual rights, the American Civil Liberties Union is a nonpartisan organization founded in 1920. With national headquarters in New York and Washington and 53 affiliates throughout the country, it is widely regarded as one of the nation's premier public interest law firms.The Project. Founded in 1998, the Drug Policy Litigation Project is a special division of the national ACLU. Our goal is to end punitive drug policies that have caused an unprecedented level of incarceration and have resulted in widespread violations of constitutional rights.Beginning this summer, the Project is expanding to create two new programs that focus on central aspects of the War on Drugs: (1) racial disparities in drug enforcement and incarceration and (2) punishment of non-violent marijuana users. At the same time, the Project will continue in its unique role as the only national litigation program addressing the broad range of civil rights and civil liberties violations arising from America's drug policies.The Project brings "impact" lawsuits throughout the country. The Projects' legal strategies are built on the idea that fighting for civil rights means not just persuading judges but ultimately changing the way people think. As we litigate for change, we use targeted media and online and outreach campaigns to change public attitudes through education and to give people on the frontlines the tools they need to act.We are currently litigating cases in federal courts challenging racial profiling in drug enforcement, drug sweeps in schools, censorship of speech advocating drug policy reform, and harassment of needle exchange programs. Other issues of interest include student drug testing, medical marijuana, women and the drug war, and the denial of federal financial aid for students with previous drug convictions. The Project represents the first national effort to harness litigation, in combination with coordinated public education and organizing, as a tool of drug policy reform. For more information, please visit our web site at www.aclu.org/drugpolicyThe Jobs. The staff attorneys will be responsible for significant constitutional and statutory litigation and policy work on major challenges to state and federal drug laws and enforcement strategies. Work will include writing pleadings and briefs, discovery and motion practice, handling trials and appeals, and policy analysis. The staff attorneys will also provide technical assistance and advice to ACLU state affiliates, private attorneys, and other drug policy reform organizations. The staff attorney will engage in some public speaking and press interviews. Some travel is required.The Project is currently located in New Haven, Connecticut, but will be moving to Santa Cruz, California on July 1, 2004, where these positions will be located.Qualifications. Applicants should have a demonstrated commitment to civil liberties issues generally and to racial justice advocacy or criminal justice reform in particular. Experience with drug policy issues is preferable. Excellent analytic and research skills and the ability to write and speak clearly are required. Applicants should have significant federal court litigation experience, preferably in the constitutional and civil rights areas, although we will consider more recent law school graduates with exceptional abilities and experience. The position will require strong self-motivation and proven ability to manage a variety of complex tasks.Salary and Benefits. Salary will be determined in accordance with the ACLU salary scale. Excellent benefits package provided.Applications. Applications will be accepted, by mail, until the position is filled. Please submit a letter describing your qualifications and interest in the position, a current resume, the names and phone numbers of two references, and a legal writing sample to: Graham Boyd 					ACLU Drug Policy Litigation Project 					85 Willow Street 					New Haven, CT 06511The ACLU is an Equal Opportunity/Affirmative Action Employer and Encourages Women, People of Color, Persons with Disabilities, Lesbians, and Gay Men to Apply.Anjuli Verma Public Education Coordinator ACLU Drug Policy Litigation Project85 Willow Street New Haven, CT 06511 203.787.4188 / fax, 203.787.4199 averma aclu.org http://www.aclu.org/drugpolicy -- ---- Dale Gieringer (415) 563-5858 // canorml igc.org 2215-R Market St. #278, San Francisco CA 94114
California NORML
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Comment #13 posted by E_Johnson on May 24, 2004 at 09:21:40 PT
I think Abu Ghraib has changed a lot
The prison guards in California will never again have the political power they attained under Wilson and Davis.
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Comment #12 posted by FoM on May 24, 2004 at 09:12:49 PT
I'm Glad You're Happy With Arnold
I know who would be great for VP if it's at all possible. I know it isn't but Jesse Ventura ( but he needs to shave his head and face though LOL) He looks good with no hair! 
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Comment #11 posted by E_Johnson on May 24, 2004 at 09:08:48 PT
Here's why I would want Arnold
From the prison guard union story:But new Republican Gov. Arnold Schwarzenegger has refused to take the union's money.:-)
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Comment #10 posted by E_Johnson on May 24, 2004 at 09:07:10 PT
Arnold, I wish
I guess the political landscape isn't really littered with prize specimens right now. Oh well.
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Comment #9 posted by E_Johnson on May 24, 2004 at 09:03:04 PT
What the heck does this mean?
Union Executive Vice President Lance Corcoran warned of "a long, hot summer" of potential prison unrest by disgruntled guards."All it's done is to back us into a corner, and we have no choice but to come out swinging," Corcoran said.????????????????This guys are just nuts. 
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Comment #8 posted by FoM on May 24, 2004 at 09:01:39 PT
EJ Then Who?
Who is left to be a VP?
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Comment #7 posted by E_Johnson on May 24, 2004 at 09:01:03 PT
Well here's some good news
The prison guard union in California is going down!!!http://hosted.ap.org/dynamic/stories/C/CALIFORNIA_PRISONS?SITE=CAWHI&SECTION=HOME&TEMPLATE=DEFAULTI think the photos from Abu Ghraib are having an effect.
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Comment #6 posted by FoM on May 24, 2004 at 09:00:33 PT
How About A Monday Howard Dean Scream
http://www.baltimoresun.com/features/la-dean19-video,0,6005088.realvideo?coll=bal-features-headlines
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Comment #5 posted by E_Johnson on May 24, 2004 at 08:58:43 PT
Dean already tried to kill us
Vermont would have had a medical marijuana law already if not for that man.
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Comment #4 posted by FoM on May 24, 2004 at 08:51:01 PT
What About Dean?
I know Howard Dean doesn't care about cannabis reform but that aside wouldn't he make a better VP? He would add fire to Kerry's campaign. 
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Comment #3 posted by E_Johnson on May 24, 2004 at 08:29:42 PT
This is going to be a messed up election
The American people, at one of their most morally confused points in history.Who knows what harm they could do to themselves and to each other under the influence of this election?
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Comment #2 posted by FoM on May 24, 2004 at 08:26:57 PT
Just a Question
Why would Nader who wants to defeat Kerry recommend who Kerry should pick as a VP? See why politics blow my mind! It's like if I don't think highly of someone and I give them advice to be sure they screw it up. Oh politics. Where are ethics anymore?
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Comment #1 posted by E_Johnson on May 24, 2004 at 08:21:54 PT
Now Nader's trying to kill us
He's advising Kerry to pick Gephart or Edwards as a running mate.
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