cannabisnews.com: Court Raises Possibility of Reopening MMJ Clubs





Court Raises Possibility of Reopening MMJ Clubs
Posted by FoM on September 13, 1999 at 14:00:51 PT
Breaking News
Source: SF Gate
In a rebuff to the Clinton administration, a federal appeals court raised the possibility today of reopening medical marijuana clubs for patients who could show that they need the drug to prevent imminent medical harm. 
The 9th U.S. Circuit Court of Appeals told a judge who had granted an injunction sought by the Justice Department against six medical marijuana clubs to consider exempting patients and doctors who could show ``medical necessity.'' The court did not order the exception but said there was evidence that would justify it. One of the six Northern California clubs, the Oakland Cannabis Buyers' Cooperative, ``has identified a strong public interest in the availability of a doctor-prescribed treatment that would help ameliorate the condition and relieve the pain and suffering of a large group of persons with serious or fatal illnesses,'' the court said in a 3-0 ruling. The court noted that the ``necessity'' defense -- showing that breaking the law was the only way to prevent a more serious harm -- would be available if federal authorities prosecuted patients or club officials for violating federal drug laws. Because the government instead sought an injunction against future lawbreaking, the order should be worded to ``exclude conduct that likely would be legally privileged or justified,'' the court said. To be eligible for such an exemption, patients would have to show that they have tried legal alternatives to marijuana and found that they don't work or cause intolerable side effects, the court said. The ruling was applauded by Robert Raich, a lawyer for the Oakland cooperative, which served about 2,000 patient-members before being closed by court order last year. It later reopened as a center for hemp products and patient support, but not for marijuana distribution. ``The 9th Circuit is correctly recognizing that cannabis has medical efficacy to a large class of patients and that it should be recognized under federal law under the medical necessity defense,'' Raich said. He said the ruling could lead to the reopening of the Oakland cooperative for the limited number of patients who could show medical necessity. No one was available at the Justice Department to respond to the ruling, a spokesman said. Medical marijuana clubs sprang up around California after the November 1996 approval of Proposition 215, which allowed patients with serious illnesses to obtain and use marijuana at their doctors' recommendation without being prosecuted under state law. The drug is used to relieve pain and other effects of AIDS, cancer and certain other diseases and their treatments. The Justice Department responded by suing six Northern California clubs, saying the absolute federal ban on marijuana distribution overrode Proposition 215. U.S. District Judge Charles Breyer of San Francisco agreed, issuing a contempt order last year that forced four of the clubs to stop distributing marijuana. Two of the clubs, in Fairfax and Ukiah, were not found in violation of the order and remain open, along with informal organizations scattered around the state. Today's ruling was signed by Judges Mary Schroeder, Stephen Reinhardt and Barry Silverman. The case is U.S. vs. Oakland Cannabis Buyers' Cooperative, 98-16950.  BOB EGELKO, Associated Press WriterMonday, September 13, 1999 
Home Comment Email Register Recent Comments Help




Comment #1 posted by FoM on September 13, 1999 at 15:39:17 PT
Related Article - Medical Marijuana Issue Raised 
Medical Marijuana Issue Raised By Bob EgelkoAssociated Press WriterMonday, September 13, 19993:49 p.m. EDTWashington Posthttp://www.washingtonpost.com/SAN FRANCISCOA federal appeals court Monday raised the possibility that clubs that provide medical marijuana might be reopened, saying ``medical necessity'' could make some patients exempt from laws against pot. In a rebuff to the Clinton administration, the 9th U.S. Circuit Court of Appeals told a judge who had issued an injunction against such groups to consider exempting patients and doctors who could show ``medical necessity.'' The injunction against six medical marijuana clubs had been issued at the request of the Justice Department. The court did not order the exception but said there was evidence that would justify it. One of the six Northern California clubs, the Oakland Cannabis Buyers' Cooperative, ``has identified a strong public interest in the availability of a doctor-prescribed treatment that would help ameliorate the condition and relieve the pain and suffering of a large group of persons with serious or fatal illnesses,'' the court said in a 3-0 ruling. The court noted that the ``necessity'' defense -- showing that breaking the law was the only way to prevent a more serious harm -- would be available if federal authorities prosecuted patients or club officials for violating federal drug laws. Because the government sought an injunction against future lawbreaking instead of prosecuting anyone, the order should be worded to exclude conduct that likely would be allowed if a person cited the necessity defense at trial, the court said. To be eligible for such an exemption, patients would have to show that they have tried legal alternatives to marijuana and found that they don't work or cause intolerable side effects, the court said. The ruling was applauded by Robert Raich, a lawyer for the Oakland cooperative, which served about 2,000 patients before being closed by court order last year. It later reopened as a center for hemp products and patient support, but not for marijuana distribution. ``The 9th Circuit is correctly recognizing that cannabis has medical efficacy to a large class of patients and that it should be recognized under federal law under the medical necessity defense,'' Raich said. He said the ruling could lead to the reopening of the Oakland cooperative for the limited number of patients who could show medical necessity. No one was immediately available at the Justice Department to respond to the ruling, a spokesman said. Medical marijuana clubs sprang up around California after the November 1996 approval of Proposition 215, which allowed patients with serious illnesses to obtain and use marijuana at their doctors' recommendation without being prosecuted under state law. The drug is used to relieve pain and other effects of AIDS, cancer and certain other diseases and their treatments. The Justice Department responded by suing six Northern California clubs, saying the absolute federal ban on marijuana distribution overrode Proposition 215. U.S. District Judge Charles Breyer agreed, issuing a contempt order last year that forced four of the clubs to stop distributing marijuana. Two of the clubs, in Fairfax and Ukiah remain open because the government failed to present evidence that they were distributing marijuana at the time. Other informal organizations scattered around the state also continue to supply medicinal marijuana. © Copyright 1999 The Associated Press
[ Post Comment ]

Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: