cannabisnews.com: Laws Permitting Medical Marijuana Will Be Reviewed





Laws Permitting Medical Marijuana Will Be Reviewed
Posted by CN Staff on June 29, 2004 at 15:31:36 PT
By Laurie Asseo, Bloomberg News
Source: Register-Guard
The U.S. Supreme Court will review whether federal drug laws apply to marijuana grown and used locally for medical treatments after the justices agreed to decide whether states can let seriously ill people use the drug to treat pain and other symptoms.The Bush administration is appealing a lower court decision allowing two California women to use marijuana on their doctors' recommendation. The government says the federal Controlled Substances Act - which makes it a crime to possess, grow and sell marijuana - also bans medical use.
California, Oregon and seven other states allow medical use of marijuana if recommended by a doctor.In a previous marijuana case in 2001, the Supreme Court said there was no ``medical necessity'' exception to the controlled substance law. The latest California case asks whether Congress' authority to regulate interstate commerce covers locally grown marijuana that doesn't cross state lines.Justice Department lawyers said in their appeal that the 9th Circuit's ruling ``seriously undermines Congress's comprehensive scheme for the regulation of dangerous drugs.''Under the decision, ``Persons operating intrastate could function essentially as unregulated and unsupervised drug manufacturers and pharmacies,'' government lawyers said.The court will hear arguments in its term that starts in October, ruling by July 2005.If the Supreme Court affirms the appeals court decision, things would proceed unchanged in Oregon because the state is under the 9th Circuit's jurisdiction, said Portland lawyer Leland Berger, who represents medical marijuana patients and caregivers and who helped draft the Oregon law.The law protects patients from arrest, prosecution and forfeiture by state authorities.While federal authorities have arrested and prosecuted medical marijuana growers and patients in California, they have largely avoided interference in the Oregon program.Even if the high court reverses the 9th Circuit, state-sanctioned medical marijuana would not end in Oregon, Berger said, though a reversal would increase the anxiety level of patients, caregivers and doctors.He said he's hopeful that the Supreme Court will uphold the appeals court ruling.The case was filed by California residents whose doctors say all other medicines failed to treat their symptoms or caused intolerable side effects.Angel McClary Raich, of Oakland, Calif., suffers from a number of conditions, including an inoperable brain tumor, seizures and nausea. She uses marijuana grown and provided free of charge by two caregivers who also joined the suit.Diane Monson, of Oroville, Calif., suffers from chronic back pain and muscle spasms caused by a spinal disease. She grows her own marijuana.The federal government lists marijuana among the most strictly controlled drugs, such as LSD and heroin. Advocates of medical use say marijuana can ease cancer patients' nausea from chemotherapy, help treat glaucoma, stimulate AIDS patients' appetite and ease pain for multiple sclerosis sufferers.After federal drug agents raided Monson's home in August 2002, Monson, Raich and the two unidentified caregivers filed suit seeking to stop federal officials from enforcing the federal laws against them.A judge ruled for the government.In December, the 9th U.S. Circuit Court of Appeals in San Francisco granted a preliminary order barring enforcement of the law against Raich, Monson and the two caregivers.The court said they were likely to win their claim that the federal law didn't apply to them because their activities didn't appear to be linked to interstate commerce. The 9th Circuit returned the case to the judge for further proceedings.The other states that allow medical use of marijuana are Washington, Nevada, Alaska, Hawaii, Colorado and Maine.Register-Guard reporter Tim Christie contributed to this report.Source: Register-Guard, The (OR)Author: Laurie Asseo, Bloomberg NewsPublished: June 29, 2004Copyright: 2004 The Register-GuardContact: rgletters guardnet.comWebsite: http://www.registerguard.com/Related Articles & Web Sites:Raich vs. Ashcroft http://www.angeljustice.org/Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmHigh Court To Hear Oakland Pot Casehttp://cannabisnews.com/news/thread19097.shtmlTop Court Will Take Oakland Pot Case http://cannabisnews.com/news/thread19096.shtmlMarijuana Backers Pleased by Justices' Decisionhttp://cannabisnews.com/news/thread19093.shtml 
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