cannabisnews.com: Federal Appeals Court Opens Door to Legal Use





Federal Appeals Court Opens Door to Legal Use
Posted by FoM on September 15, 1999 at 07:40:56 PT
WA. State Doctors and Patients Gain Security
Source: PRNewswire
SEATTLE, Washington State Doctors and Medical Marijuana Patients are better protected from federal harassment following a court ruling from the U.S. Court of Appeals for the Ninth Circuit. 
For the first time ever, the Court has held that there exists a medical necessity argument for the medical use of marijuana for some patients. This ruling could supercede the controlled substances act which prohibits the medical use of marijuana on a federal level.In a strong blow to the federal government's crackdown on medical marijuana, the Ninth Circuit Court ordered a lower court judge to reconsider his 1998 injunction closing down California's so-called "cannabis clubs." As a result of the appeals court's action, Judge Charles Breyer must now consider allowing some medical marijuana patients to organize distribution facilities for themselves and other patients.Dr. Rob Killian, spokesman for Washington Citizens for Medical Rights, the group that campaigned for Initiative 692, the Washington State Medical Marijuana Act, said: "This could be the first step in overcoming the conflict between state and federal laws regarding the medical use of marijuana." Killian continued, "This opinion discredits the inhumane federal ban on medical marijuana, and allows Doctor's and patients to breath easier."Dave Fratello, spokesman for Americans For Medical Rights which sponsored Proposition 215, the California Medical Marijuana Initiative, stated "these new state laws passed by voter initiative cry out for recognition on a federal level that marijuana has a place in medicine -- we may now see that there is a way for this activity to be done legally under federal law. If so, the greatest obstacle to patients having legal access to marijuana could begin to crumble."Washington voters passed Initiative 692 into law by a margin of nearly 60 to 40. To date, five states in the Ninth Circuit have passed new medical marijuana laws by voter initiative (Alaska, Washington, Oregon, California, and Arizona). The voters of a sixth, Nevada, are poised to give final approval in November 2000 to such a law, after passing the initiative by a 60-40 margin at its first vote in November 1998. Contact: Tim Killian for Washington Citizens for Medical Rights206-781-7716  Updated 6:01 AM ET September 15, 1999 PRNewswire
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Comment #1 posted by FoM on September 15, 1999 at 08:05:01 PT:
Washington Citizens for Medical Rights
On November 3, 1998, the Citizens of Washington State voted overwhelmingly to approve Initiative 692 into state law. As a result, this Initiative is now State Law. This provides a measure of protection for patients within the State of Washington. Because of the complexity of this issue, and the fact that the use of Medical Marijuana remains illegal on a federal level, we advise both patients and doctors to familiarize themselves with the specific protections and limitations of this new law. Click the link to visit WCMR's Web Site:
Washington Citizens for Medical Rights
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