cannabisnews.com: Judge Rules Against Medical Necessity Defense Judge Rules Against Medical Necessity Defense Posted by FoM on November 06, 1999 at 08:55:34 PT By Tessie Bordon, Associated Press Writer Source: Sacramento Bee Two activists cannot use medical necessity as a defense against charges that they grew thousands of marijuana plants, a federal judge has ruled. They also cannot refer to their medical conditions, the medical uses of marijuana or California's Proposition 215, which allowed the personal use of marijuana for medical purposes, U.S. District Judge George King ruled Friday.Todd McCormick, who suffers from bone cancer, and Peter McWilliams, who has AIDS and cancer in remission, are accused of possessing marijuana with intent to distribute, distribution of marijuana, and conspiracy to grow marijuana.Officials arrested them after they found more than 6,000 plants growing in a Bel-Air mansion and three other leased locations in Los Angeles County.McWilliams, a self-help publisher, faces accusations of financing the operation, while McCormick and others are accused of growing the pot and trying to sell it to the Los Angeles Cannabis Buyer's Club, which has dispensed the drug since Californians voted in 1996 to legalize it for medical use.They are scheduled to stand trial Nov. 16.McWilliams said Friday he is devastated by the judge's decision."It's frustrating to be in a state where voters voted that I can have this medication," he said. "I am needlessly dying at the prime of my career."A spokesman for the U.S. attorney's office refused to comment beyond the judge's ruling.McWilliams said he has admitted to growing marijuana for his own use. He says he can only keep down his AIDS medication by smoking it. His health has suffered since his arrest in July 1998, he said.At a previous court appearance, officials had to keep a trash can near him as he suffered bouts of nausea.King's ruling disallowed a defense based on medical necessity because it "is not available as a matter of law," since Congress has ruled marijuana has no medical merit.In California, Proposition 215 recognizes some medical benefits, but federal officials say state laws do not apply to federal offenses.The judge excluded the other information on grounds that it was irrelevant to the charge of growing marijuana. He also said the information does not apply to distribution charges because the government plans to drop charges of intent to distribute.The ruling was in response to a request from prosecutors to exclude certain evidence at trial, including information about Proposition 215, the possible medical uses of marijuana, the defendants' medical conditions, and any reference to the Closed Single Patient Investigative New Drug Program, a project in which a few people in the United States have received government permission to use marijuana.At the time he was arrested, McCormick was conducting a research project that involved breeding several strains of marijuana and studying their effects on the human body, McWilliams said. He intended to approach major institutions for support later."He was just doing botany," McWilliams said. "He's a botanist."He said that was part of the reason McCormick was growing so many plants.November 6, 1999 © The Sacramento BeeRelated Articles & Web Sites:215 NOW!http://www.215now.com/PeterTrialhttp://www.petertrial.com/ Todd McCormick's Grow Medicinehttp://growmedicine.com/Judge Bars Medical Need, Prop. 215 as Defense - 11/06/99http://www.cannabisnews.com/news/thread3576.shtml Prop. 215: Three Years Later But Law Still Ignored-11/05/99http://www.cannabisnews.com/news/thread3574.shtmlUphold The Law - 11/05/99http://www.cannabisnews.com/news/thread3569.shtmlDrug Czar Nullifies Need For Drug Test - 11/04/99http://www.cannabisnews.com/news/thread3562.shtmlMedicinal-Marijuana Activists Ask for 'Safe Place'- 11/03/99http://www.cannabisnews.com/news/thread3537.shtml END SNIP --> Snipped Home Comment Email Register Recent Comments Help Comment #1 posted by FoM on November 06, 1999 at 13:48:00 PT: Related Article Judge Rules Against Medical Necessity Defense In Activists' Marijuana Trial TESSIE BORDENSaturday, November 6, 1999 Two activists cannot use medical necessity as a defense against charges that they grew thousands of marijuana plants, a federal judge has ruled. Click the link to read the complete article.http://www.sfgate.com/cgi-bin/cgiwrap/cnews/article.cgi?file=/news/archive/1999/11/06/state0007EST0134.DTL The Medical Marijuana Magazine - Peter McWilliams [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: