cannabisnews.com: Medicinal Pot Before High Court





Medicinal Pot Before High Court
Posted by CN Staff on November 21, 2004 at 23:04:19 PT
By Steve Miller, The Washington Times
Source: Washington Times 
The Supreme Court next week will hear the case of an ailing woman's battle with the federal government over her possessing marijuana to treat herself, in a decision that could determine the direction of the medicinal pot movement.   The case, to be heard Nov. 29, stems from the 2002 seizure by federal agents of marijuana plants grown by a California woman who claimed the weed was for medicinal purposes, which is legal under state law.
Diana Monson, a patient who was prescribed the marijuana to alleviate back-spasm pain, and another medicinal patient, Angel McClary Raich, sued the federal government. They claimed their growing and use of the drug was not covered under the federal Controlled Substances Act.   The two won a preliminary injunction last year in the 9th U.S. Circuit Court of Appeals, which found their cultivation and use of marijuana to be noncommercial and outside federal jurisdiction.   As voters in more states have approved measures to allow marijuana cultivation and use for medicinal purposes, the federal government has moved to arrest people engaging in that activity. Ten states have medicinal-marijuana provisions. Montana most recently joined the list with voter approval earlier this month.   "A decision that upholds the Ninth Circuit Court would allow individuals to grow their own cannabis in states that allow it," said Randy Barnett, a professor of constitutional law at the Boston University School of Law, who will argue the case for Miss Raich and Miss Monson.   "But more than that, this case is about federalism and that idea that this application of the Controlled Substances Act is an overreach of the federal government," Mr. Barnett said. "The state has authorized the use of marijuana for medical purposes. I am representing two clients who are suffering. This is not a case connected to the war on drugs, because my clients are not taking part in trafficking or using recreational drugs."   In its appeal to the Supreme Court, the federal government argues that its actions were true to the law, saying that "Congress's conclusions that the local manufacture, distribution, and possession of drugs, including marijuana, are significantly linked to the commerce in drugs regulated under the statute and that comprehensive regulation of that local activity is essential to effectuate control of the interstate drug market."   Further, it added: "The [Controlled Substances Act] constitutionally regulates the commercial market in marijuana, which is international and interstate in scope."   A spokesman for the White House Office of National Drug Control Policy, which sets drug policy for the administration, declined to comment on the pending case.   In a report published this month, though, the office said movements to legalize marijuana for medicinal use "are led not by medical professionals or patients-rights groups, but by pro-drug donors and organizations in a cynical attempt to exploit the suffering of sick people."   The most outspoken supporters of medicinal marijuana are well-organized pro-pot lobbies, including the National Organization for the Reform of Marijuana Laws and the Marijuana Policy Project.   "There is simply no constituency in this country for arresting and jailing people with cancer, AIDS, [multiple sclerosis] or other illnesses who find relief from medical marijuana," said Bruce Mirken, a spokesman for the Marijuana Policy Project. "So, whatever the Supreme Court does, the Bush administration is on the losing side of history."   Source: Washington Times (DC)Author: Steve Miller, The Washington TimesPublished: November 22, 2004Copyright: 2004 News World Communications, Inc. Website: http://www.washtimes.com/Contact: letters washingtontimes.comRelated Articles & Web Sites:NORMLhttp://www.norml.org/Marijuana Policy Projecthttp://www.mpp.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmPatient Keeps Medical Marijuana Fight Alivehttp://cannabisnews.com/news/thread19853.shtmlFederal Government, Butt Out of Med Marijuanahttp://cannabisnews.com/news/thread19843.shtmlFighting for The Right To Miracle Marijuanahttp://cannabisnews.com/news/thread19811.shtml 
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Comment #5 posted by Sam Adams on November 22, 2004 at 07:37:23 PT
Pre-ordained?
Isn't it interesting that Chief Justice Rehnquist will be managing his Court's review of this case while he's at home fighting cancer, likely wretching & in pain. It's almost Biblical...is it a divine message, showing Rehnquist the right path, or is it punishment for what he's about to do? let's hope it's the former.At any rate, if they rule against California, they're going to be inflicting heavy damage on their friends, the gun-nuts and the 10 Commandments crowd. The fed will be empowered to crush any state law or policy it doesn't like.
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Comment #4 posted by The GCW on November 22, 2004 at 06:48:13 PT
Don't expect anything obedient...
The Supremes are not servants of Christ God Our Father. 
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Comment #3 posted by afterburner on November 22, 2004 at 04:49:59 PT
Who's Being Cynical? 
{White House Office of National Drug Control Policy, ... In a report published this month, ... said movements to legalize marijuana for medicinal use "are led not by medical professionals or patients-rights groups, but by pro-drug donors and organizations in a cynical attempt to exploit the suffering of sick people." {The most outspoken supporters of medicinal marijuana are well-organized pro-pot lobbies, including the National Organization for the Reform of Marijuana Laws and the Marijuana Policy Project.}What about Americans for Safe Access, AIDS Patients Union, 
British Columbia Compassion Club Society, Calgary Cannabis Resource Center, Canadian AIDS Society, Canadian Medical Marijuana Association, Canadian Medicinal Marijuana Co-op (CMMC), Cancer Patients Union, Cannabis Health Magazine, Club de Compassion de Montreal, Cannabis Research Institute, Drug Policy Alliance, Educators For Sensible Drug Policy, GreenCross.ca, Hawaiian Legislature, Hemp Users Medical Access Network (HUMAN), Iboga Therapy House, The Marijuana Mission, Maritimers Unite for Medical Marijuana, Medicalmarihuana.ca, Medusers Medical Marijuana Group, MS Patients Union, Planetary Pride, Sacred Seed, Santa Cruz City Council, Students For Sensible Drug Policy, Toronto Compassion Center, Vancouver Island Compassion Society, Wo/Men’s Alliance for Medical Marijuana? 
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Comment #2 posted by mayan on November 22, 2004 at 04:13:19 PT
The Losing Side
"There is simply no constituency in this country for arresting and jailing people with cancer, AIDS, [multiple sclerosis] or other illnesses who find relief from medical marijuana," said Bruce Mirken, a spokesman for the Marijuana Policy Project. "So, whatever the Supreme Court does, the Bush administration is on the losing side of history."Well put! The Bushies are already on the losing side. The court of public opinion has already spoken!unrelated...Pot advocates need lobby:
http://www.dailytexanonline.com/news/2004/11/22/Opinion/Pot-Advocates.Need.Lobby-812667.shtmlThe way out is the way in...A Conservative Christian Republican says listen to whistleblower Sibel D. Edmonds:
http://onlinejournal.com/Special_Reports/112004Schwarz/112004schwarz.htmlCrossing the Rubicon - The Decline of the American Empire at the End of the Age of Oil - by Michael C. Ruppert: 
http://www.fromthewilderness.com/announce.shtml
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Comment #1 posted by dr slider on November 22, 2004 at 01:10:32 PT:
Thanks for sharing rev. Moon
While he gives MPP the last word, there's no mention that Angel's tumor may eat her alive without the miracle plant.I truly cannot imagine the rage that would be inspired if the 9 most powerful people on the planet sentence an Angel to death.Or maybe I can.
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