cannabisnews.com: Ruling in California Favor the Medicinal Use of MJ





Ruling in California Favor the Medicinal Use of MJ
Posted by FoM on July 18, 2000 at 08:12:04 PT
By The New York Times
Source: New York Times
Seriously ill patients with no alternative but marijuana to alleviate their conditions will now be able to obtain the drug legally from a group in Oakland, Calif., a federal judge ruled today. Modifying an order that shut down several marijuana clubs two years ago, Judge Charles R. Breyer of Federal District Court has given the group, the Oakland Cannabis Buyers' Cooperative, a green light to distribute marijuana to patients who meet certain requirements: 
They must have a serious medical condition; they will suffer imminent harm without marijuana; and they have no legal alternative to marijuana for effective treatment. In his ruling, Judge Breyer said the government had failed to prove why seriously ill patients should not have legal access the drug. Supporters of medicinal marijuana use hailed the decision, saying many patients would benefit. Specifically they said medicinal marijuana could help curb weight loss in AIDS patients, alleviate nausea induced by chemotherapy in cancer patients, treat glaucoma and ease chronic pain associated with multiple sclerosis. Jeff Jones, executive director of the Oakland club, called for the federal government to take the next step and reclassify marijuana as "an accepted therapeutic plant." Mr. Jones said his club, with about 5,000 registered members, might reopen as early as this week. Originally shut down by the Justice Department along with five other clubs, the Oakland club was the only one to file suit. Judge Breyer's decision is expected to prompt many of the clubs to reopen, as well as motivate the opening of new clubs, some advocates said. California passed Proposition 215, an initiative allowing the medicinal use of marijuana in 1996, but the measure has been embroiled in legal battles ever since. The initiative permits patients, with a doctor's recommendation, to grow marijuana legally for their own treatment. This conflicts with federal law, which does not recognize any medicinal properties of marijuana, much less its legal use. In his ruling today, Judge Breyer noted that the United States Court of Appeals for the Ninth Circuit, in San Francisco, had ordered him to consider an exemption for patients who faced imminent harm and had no effective alternative to marijuana, The Associated Press reported. The judge said that in recent hearings the government had failed to present new arguments against the medical use of marijuana. John Entwistle, spokesman for Californians for Compassionate Use, said that Judge Breyer's decision was a breakthrough and that one day marijuana "will end up in our pharmacies and grocery stores." "Once you accept the underlying issue of the medical necessity of marijuana," Mr. Entwistle said, "it disqualifies the federal argument against its medicinal use." A Justice Department spokeswoman said officials were reviewing Judge Breyer's decision and had no further comment. "The medicinal properties have already been accepted at local and state levels," Mr. Jones said. "We're waiting for the federal government to catch up." He said his club and others in the state would consult their lawyers to figure out how best to open their doors. The original ruling against the clubs as it now stands still prevents the sale of marijuana to patients who do not meet the criteria, and Mr. Jones did not know how many of his club's members would qualify. "We're going to proceed cautiously," he said. To e-mail a letter to the editor, write to: letters nytimes.comPublished: July 18, 2000Copyright 2000 The New York Times Company Relatd Articles & Web Sites:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/CCUA Chronology of Implementation http://drugsense.org/CCUA/chrono.htmlJudge Reverses Ban on Pot as Medicine http://cannabisnews.com/news/thread6433.shtmlFederal Judge Clears Way for Oakland Clubhttp://cannabisnews.com/news/thread6430.shtmlMedical Pot Ban Liftedhttp://cannabisnews.com/news/thread6407.shtmlMed. Pot Ruling May Have Far-Reaching Implicationshttp://cannabisnews.com/news/thread6402.shtml 
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Comment #1 posted by Haile_selassie_I on July 18, 2000 at 09:07:41 PT:
whatever
Chronic pain From MS What about people who Have lumbar disc protrusions????? i got hit by a car zombie riding my bicycle and surgery is too risky .im on morphine sulfate and Medi-Cal dont Pay for My Marinol!! i used to get it but it costs too much!!! im sick of opiates and have been in daily chronic pain for the last 9 years.i would like to see the "judge" go through my daily pain trip and see what its like!!!!!!  
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