cannabisnews.com: Clinton Asks Supreme Court To Overturn MMJ Ruling Clinton Asks Supreme Court To Overturn MMJ Ruling Posted by FoM on July 29, 2000 at 14:55:04 PT By Bob Egelko of The Examiner Staff Source: San Francisco Examiner The Clinton administration wants the Supreme Court to overturn an appellate ruling that would make medical marijuana available to seriously ill patients in Oakland, saying the ruling would flout the will of Congress and undermine federal drug laws. The ruling last September by the 9th U.S. Circuit Court of Appeals, which opened the door for distribution of marijuana in cases of "medical necessity," was "directly at odds with Congress' express finding that marijuana has no currently accepted medical use," the Justice Department said in papers filed with the high court. Noting that no other federal court had allowed the use of marijuana for medical purposes apart from government-approved experiments, the department said the ruling "threatens the government's ability to enforce the federal drug laws in the nine states within the 9th Circuit," with a total population of nearly 50 million. The court is likely to decide this fall whether it will review the case or leave the appellate decision intact. The appeal was not surprising in light of the intense legal battle waged by the Clinton administration against Proposition 215 since California voters approved it in November 1996. The initiative allowed patients to use marijuana with their doctor's recommendation without risking prosecution under state drug laws. But the decision to appeal disappointed state Attorney General Bill Lockyer, who had written to U.S. Attorney General Janet Reno asking her to leave the appellate ruling intact. Lockyer spokesman Nathan Barankin said Friday the appellate decision established "a thoughtful policy in this state that was not clearly articulated in Proposition 215, and that is respectful of the needs of sick people and also of legitimate public safety concerns." Robert Raich, lawyer for the Oakland Cannabis Buyers' Cooperative, had a more scornful reaction. With Texas Gov. George W. Bush accusing Vice President Al Gore of being soft on drugs, Raich said, "in response, the Clinton-Gore administration now feels it must deny medical cannabis patients access to the marijuana they require." The Oakland cooperative was among several Northern California marijuana dispensaries shut down in 1998 by U.S. District Judge Charles Breyer in response to a Justice Department lawsuit. Breyer agreed with the department that federal drug laws overrode Proposition 215 and ruled out a defense of necessity, the doctrine that a law can be broken when it is the only way to prevent a more serious harm. But the appeals court ruled last September that federal law did not preclude a claim of necessity for patients who needed marijuana to prevent imminent serious harm and could show that legal alternatives were ineffective. The court also said the Justice Department had failed to rebut evidence offered by the cooperative and its members that marijuana was the only effective medication for many seriously ill patients. Uses of the drug include countering pain and nausea caused by therapies for AIDS and cancer and preventing serious weight loss in AIDS patients. Ordered by the court to reconsider the case, Breyer invited a Justice Department lawyer to offer new evidence, got no response, and then ruled July 17 that the Oakland cooperative could provide marijuana to any of its more than 2,000 patients who could show medical necessity. The Justice Department is also appealing that ruling. In Friday's Supreme Court appeal, the department said Congress, in passing laws against marijuana, had given federal law enforcement and health officials the responsibility to decide when such drugs could be distributed and used for medical purposes, under government-approved experiments. "It has not left that determination to individual courts or juries -- much less to private organizations like the Oakland Cannabis Buyers' Cooperative," department lawyers wrote. They also said the appellate ruling would encourage distributors of other banned drugs, such as heroin and LSD, to assert a medical necessity defense. Contact: letters examiner.com Published: July 29, 2000 ©2000 San Francisco Examiner Related Articles & Web Site:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/ Medicinal Pot Goes To Supreme Court http://cannabisnews.com/news/thread6557.shtmlCourt's New Marijuana Stance Should Holdhttp://cannabisnews.com/news/thread6526.shtmlFeds Appeal Area Judge's Pot Decision http://cannabisnews.com/news/thread6525.shtmlGovernment To Appeal Court Ruling http://cannabisnews.com/news/thread6522.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtmlCannabisNews Search - Oaklandhttp://cannabisnews.com/thcgi/search.pl?K=oakland Home Comment Email Register Recent Comments Help Comment #20 posted by romper on August 01, 2000 at 07:49:10 PT alright You guys are really cool. I am glad I found this site and have the oportunity to voice my opinions. As far as Ralph Nader goes I am not sure what it will take to get him in the debates but personally am going to send e-mail messages to every newspaper and television station I can find an e-mail address and ask them why he is not mentioned in the news along with Bush and Gore. We as a nation have a right to here all of the issues and if nader could be heard and the media took him more serious I think alot of people will begin to wonder just what is going on. [ Post Comment ] Comment #19 posted by kaptinemo on July 31, 2000 at 06:24:21 PT: Calculating stares I've had the same sort of experience, but with a slight twist. Back when I was working for the Feds, my coworkers and I would often get into discussions about the issues of the day. When Klinton's candidacy was announced, and after his MTV interview when he made the less-than-disingenous remark about 'not inhaling', some of my coworkers thought MJ legalization might be around the corner. I admit I was also hopeful, but for other, covert reasons.Not-so-oddly enough, many of them were for MMJ; many of them, being from the same age group as myself, had grown up with it being present, knew of its pros and cons, and had been decidedly pro.But when the boss walked through, the atmosphere turned decidedly chilly; he was talking with all manner of FBI, DEA, LEOs and Fed bureaucrats about how the Feds were 'going to support the mission' of the DrugWarriors. He didn't want to hear *anything* about cannabis non-toxicity, how many people were being locked up and how much money was being wasted, lives and careers ruined by having records, etc. In order for the agency's snout to remain in the budgetary trough, no one would be allowed to make any dissension. Those who were rankled at that and *did* speak up were given what I call the 'undertaker's stare'; the one where you are sized up for bureaucratic burial of your career. As it turned out, other forces were at work to accomplish the demise of my previously unblemished sojourn with the Feds. But the intent was exactly the same; to stifle any rational debate about a subject that in other countries is just a matter of personal choice... and responsibility.So beware the ones who say nothing about your opinions but are giving you that look that says, "You're dead meat, and I'm the butcher". They fear honest discourse, and will do everything they can to silence you. [ Post Comment ] Comment #18 posted by dddd on July 31, 2000 at 01:00:26 PT Blank stares Good comments Romper.I get a different type of blank stares.I am an old longhaired hippie,and I still look like it,and I have this sort of hobby,where I shock people with unexpected politeness,,,holding doors open for old ladies,and that type stuff.I love to see the blank stares turn to suprized grins.I like it when I think someone is viewing me as a "subhuman misfit in todays flock".I like to alter their stereotypifications and preconcieved notions...I must admit however,that down where I live,deep in the heart of southern California,most people are pretty well seasoned when it comes to dealing with strange looking people.I think many people are relieved to see that I dont have any hardware pierced into my nose,eyebrows,ears,or anywhere else,no tattoos either.................. Anyway,I also know what you mean mentioning the exclusion of Ralph Nader from the debates.It's looking like they may have to include him though,because he could very easily make the required 15%...I am not sure how they measure this 15%.Is it from polls,or what?.....dddd [ Post Comment ] Comment #17 posted by Dan B on July 30, 2000 at 21:21:09 PT: Thanks, Romper. Yep, sure enough I've seen those blank stares (you should have seen my parents when I told them my position on legalization!), heard people's negative remarks about my stance on the drugs war, etc. I'm very open about my beliefs in that regard--even told the class I'm teaching straight out that I'm in favor of legalization. Actually, I was surprised at the interest many students had in my position--asking questions and such. Contrary to popular belief, the younger generation seems much more enlightened and open-minded these days. For the most part, they aren't necessarily taking authority figures' opinions at face value. But there were those who couldn't wait to get out of class that day. These were the same students who have been afraid to speak up about anything we have discussed since day one--an indication of their fear of confrontation, and a sure sign of indoctrination into what you aptly call "the flock."Many people still prop up that grim countenance when the subject of legalization comes up. Many do think I'm some kind of crazy person because I disagree with incarcerating users of any substance. I can't believe that people still don't see what a failure the drug war is. But we are slowly turning the tide, and you're right--we are doing good work. We'll win this thing. It may take some time, but we'll win. [ Post Comment ] Comment #16 posted by romper on July 30, 2000 at 19:35:44 PT go green I figured it would only be a matter of time before Clinton tried to do something about the medical use of marijuana.It just goes to show that the government has no compassion for the people of this nation. The money from big corporations and total control of the flock is all they are interested in. The republicans and democrats along with sponsors of the national debate have proven this by not allowing Ralph Nader to participate in the debate. They big corporations don't want the americans to hear what he has to say for they know it could jepordize the stong hold they have on this country. I have a question for anybody willing to answer. Have you ever seen the blank stare a person that has no knowledge of drugs except that they are bad gives you when you try to explain to them that things should be different in this world and that it is time for a change in this thing we call the war on drugs? Have you ever looked over your shoulder and see people that you have known for a couple years and thought were your friends talking about you because you expressed your opinion on drugs and the corruption in government? Have you ever walked into a room and felt like everyone in there is lookong at you like you are some kind of subhuman misfit in todays flock? Well if you have keep up the good work. I personally will continue to spread news even though I take alot of abuse because if people like me and you don't keep the fires burning we never see the day when people finally open their eyes and realize what they have become.?????????? [ Post Comment ] Comment #15 posted by Rainbow on July 30, 2000 at 13:12:31 PT A different view Elation is what we need here.Consider that the Klinton (i like Kapts spelling) Administration is immediately going to the Supreme Court but Why?You know they know the facts and the stupidity of it all. The McCzar has been real quiet since the Abrams study and the Breyer decision.Maybe this is their face saving move. They can blame their demise on the Supreme Court and save that important face. Folks we fought hard but that court of ours is in an ivory tower and they just do not understand our "lies". They must be liberal jokes up there in the Supreme Court.Yes this might be a calculation to find the person to blame for the demise of the USA through drugs.CheersRainbowP.S. As my daughter would say with great emotion YES!!!! [ Post Comment ] Comment #14 posted by FoM on July 30, 2000 at 13:09:22 PT C-Span is Really Interesting Today It's on C-Span now dddd. Not the Shadow Convention but they are touring tent city which is very interesting. The outburst of anger that occured during McCain's speech which was only hushed when Arianna came up and stood next to McCain and said something like this is our convention people. She said you can speak here but be polite. Not word for word but she got a great amount of applause and McCain said maybe I should take Arianna with me wherever I go to speak. It's really fascinating.Peace, FoM! [ Post Comment ] Comment #13 posted by dddd on July 30, 2000 at 12:14:21 PT explosion I know what you mean lumberjack.The Shadow conventions have got to be one of the best things to happen for democracy in our lifetimes.I am eagerly anticipating this. I have not noticed any mention of the Shadow conventions on any of the major networks yet...Has anyone??....dddd [ Post Comment ] Comment #12 posted by FoM on July 30, 2000 at 12:02:36 PT Very Interesting! Hi lumberjack,I'm watching C-Span and it is going to be something to watch this whole event evolve. I don't watch C-Span very often but as long as it isn't about the actual convention I'll stay tuned.Peace, FoM! [ Post Comment ] Comment #11 posted by lumberjack on July 30, 2000 at 10:54:46 PT Holy S**t Batman!!! Howdy folks, I'm just sitting here this sunday watching our powder keg's fuse creep slowly toward the TNT, which are the shadow conventions. I can't wait to watch this mother blow, well hidden if at all possible. "How long shall they kill our prophets while we stand beside and look, some say it's just a part of it they got to fulfill the book." B. Marleypeace and revolutionlumberjack [ Post Comment ] Comment #10 posted by Dan B on July 29, 2000 at 21:10:52 PT: Thought I'd Share This I just posted the following message to Al Gore's Town Hall page (in which anyone can post a question, but I chose to post a comment instead). Thought you might get a kick out of it:"More a comment than a question. Now that the Clinton Administration has come out against the 9th Federal Circuit Court decision by Judge Breyer to allow sick patients the right to use marijuana if it helps them (it has been proven to do so, most notably in the recent Abrams study), you can say goodbye to the California vote. The federal government has no right to impose its sick, demented policies against people who truly need this drug, especially when the people have already made clear their position on the matter. You will lose this election."I just had to gloat a bit. (Yes, FoM, I agree it is an herb, but I thought I'd use the good ol' boy's own vocabulary with regard to marijuana). [ Post Comment ] Comment #9 posted by Not To Worry on July 29, 2000 at 20:59:08 PT Lawyers, or Doctors? >>The ruling last September by the 9th U.S. Circuit Court of Appeals, which opened the door for distribution of marijuana in cases of "medical necessity," was "directly at odds with Congress' express finding that marijuana has no currently accepted medical use," the Justice Department said in papers filed with the high court. I have to laugh everytime I see that congress has decided that it has no currently accepted medicinal value. Congress is composed primarily of people with law degrees, not medical degrees. Which, by the way, explains how they could see fit to murder Peter McWilliams. A physician would not have killed him. [ Post Comment ] Comment #8 posted by Dan B on July 29, 2000 at 20:49:54 PT: President Doesn't Have This Power Since when does the U.S. Constitution allow for the president to give executive orders to the Supreme Court? In essence, that is what this "recommendation" is. If I were a Supreme Court justice, I would uphold the Breyer decision if for no other reason than to put the president back in his place. That is, if I were a Supreme Court justice, nobody in office would dare dictate to me what they believe my decision should be. Nobody. The Constitution should speak for itself.There is a bright spot to all of this, as Kaptinemo, dddd, and others have pointed out. If the Supreme Court lets the ruling stand, or if they decide to hear this case and decide in favor of it, it will in effect nullify all marijuana laws as they pertain to those who use it as a medical necessity. For the drug warriors, this will actually be the wise choice because if they rule against it, you can bet that the eight states in the 9th District that have already passed laws allowing for medical marijuana--including California--will be the ones to lead us out of the Republicrat drug war quagmire. No longer will these two parties hold power, and the rise of any major third party (realistically, the only "major" third parties are the Green Party and the Libertarian Party) will mean the demise of the drug war. Either way, the drug warriors are screwed. Sayonara, drug war! Good riddance! [ Post Comment ] Comment #7 posted by howard on July 29, 2000 at 20:06:29 PT: I knew the Oakland ruling was too good... .... to be true. The US government is very determined to keep marijuana/hemp ( for any purpose! ) illegal. The Feds lie and cheat. They persecute the sick and dying. We have seen them murder and steal. They undermine and overturn democratic elections. The atrocities committed by the government in their zealous quest to keep marijuana illegal are too numerous to mention. I have to wonder, not just HOW they can continue to do this, but WHY are they are so committed? What makes them so viscious and rabid?The answer to WHY seems simple to me. Maintaining marijuana prohibition is the bread and butter for the military including, the cia, the fbi, the pentagon, the coast guard, the national guard, and civilian police. The forces opposing marijuana/hemp are massive, and also include the pharmaceutical companies, drug testing companies, the alcohol industry, and the prison builders. These companies pay politicians to keep weed illegal. My point is that there is WAY too much at stake ( not to mention- MONEY! ) for these powerful interests to give up their war on weed.I feel that klinton and reno ( who, I'm certain, is actually an evil alien in disguise )with the blessing of the supreme court will overturn the Oakland ruling and things will then be back to "normal." Arresting the sick and dying will, again, be order of the day. They cannot loose this very important legal battle. Their whole world will crumble if they do. It is my opinion that nothing short of government overthrow will change the cannabis laws. Reason, common sense, and the ballot box have all proven ineffective in this battle for freedom.I know I'm the depressing ( depressed is more apt ) negative guy here who logs in to remind everyone how bad sh*t is, but I don't mind this position. We can't all be cheerleaders and optimists. I will be fearful, doubtful and pessimistic right up until I am able to fire up my recreational ganja spliff without fear. This, of course, WILL evetually happen ( Hey, I'm not that much of a pessimist! ) but we are a mighty LONG way from that. Expect the worst from our government, because the worst is yet to come. [ Post Comment ] Comment #6 posted by dddd on July 29, 2000 at 18:45:43 PT Elation Kap...I know what you mean.I feel somewhat strangely elated myself. In trying to overturn this ruling so immediatly,and with such a shabby,and scarcely relevant reason for doing so,...they have finally,hopefully f***ed themselves. Notice how no names are given.They have simply labeled it "the clinton administration",,which conveniently leaves no one to respond,or be held accountable for this absurd move.... I'm hoping that instead of a straw breaking that camels back,,this will turn out to be a LOG,and not only did the camel have a severe back injury,it ends up having a hernia,,,a broken leg,and some sort of stress disorder ,and it will hire F. Lee Baily to sue the heck out of whoever the "administration" is,,,and after that,this old camel will roll into the war crimes trials in his wheelchair,to testify against the asshole(s),who deserve a mandatory minimum,zero tolerance treatment,and are incarcerated and sodomized in the same brutal prisons that were occupied by those they helped toss in there in an idiotic,,inexcusable abuse of their office..... [ Post Comment ] Comment #5 posted by FoM on July 29, 2000 at 17:06:54 PT I agree kapt Your right kaptinemo,It's time now. I've said this before and I'll say it again I believe this is our chance and if we don't achieve at least rescheduling of marijuana by the time elections come in November it might not happen for a long while. We must see change now not tomorrow or this fall or winter but now!Peace FoM! [ Post Comment ] Comment #4 posted by kaptinemo on July 29, 2000 at 16:42:34 PT: Terrible news and straws FoM, for the first time, I am feeling somewhat elated.Why? For one reason... the fight will be out in the open, now. And the antis can't possibly win in a fight they can't control.They have been able to dodge the MMJ issue via a combination of 'excuses', foot-dragging, and outright lying... all of which depended upon one main point. That point was that the government claimed that there were no scientific studies done on cannbis - that didn't substantiate it's own position, of course. But the studies the government relied upon were seriously flawed, and did not survive peer-review. So long as they could control access to legal cannabis - namely, by giving it to those 'scientists' who would agree with them, and barring those who obviously wouldn't - they could keep this combination charades-and-shellgame going. But it had to finally catch up with them, and it has. Knowing as it has always known, that a truly non-partisan, objective study of cannabis would spell the doom of cannabis prohibition, they did everything they could to stall it. And they were successful... until the Abrams Report. Dr. Abrams performed a masterful bit of bureaucratic aikido and flipped the NIDA/FDA on it's back, totally by surprise. And the spin doctors are facing a nightmare of having to explain why it took so long for the government to:A) Conduct a study like this, when it has had at least 20 years (since the 'discovery' of HIV/AIDS) to do so;B) How it could spend millions of dollars on studies that were shredded in peer-review but used those same studies to justify cannabis prohibition; C) And by derivation of B, spend HUNDREDS OF BILLIONS of dollars fighting something relatively harmless?Because now a bona-fide scientific study refutes the only real. legal, public safety argument they had against cannabis... toxicity. We all know it has none; but now, it's been proven, scientifically. The cat is not only out of the bag, but it's teeth and claws are showing. But the antis are strenuosly trying to ignore this very angry cat, trying to make as if everything is normal, there was no such study, MJ has no medical uses, blah, blah, blah. By trying to play dumb, they invite attack on the one arena where they will lose... the scientific one. And that will be the one in which the house of cards finally gets the shove it needs to come crashing down.Right on their vicious, scheming, fascist, pointy little heads. [ Post Comment ] Comment #3 posted by FoM on July 29, 2000 at 16:03:15 PT My Thoughts My husband just walked into the room and is saying things that I would have to edit out if I posted them! lol! Had to laugh a minute now seriously. This is terrible news but it very well could be the straw that breaks the camels back. The Shadow Conventions are starting tomorrow. This will be a fresh insult to all the hard work that everyone is doing to make this unique event possible. Let's hope others get as angry as we are and make the world listen.Peace, FoM!PS: Mark Greer is going to list my web site in the newletter next week. That is very nice and I wanted to share it with all of you. Shadow Conventions 2000 News Board [ Post Comment ] Comment #2 posted by kaptinemo on July 29, 2000 at 15:43:07 PT: I was expecting this True to type, the present Administration is desperately hoping that no one reads the papers, watches the tube, or has access to the Internet. Because it is behaving in a fashion reminiscent of little kids who don't want to believe something is true when it contradicts their tight and convenient little reality. Their blanket answer to someone trying to convince them of something being true is a shrill scream of "It's not! It's not! It's not!"The Klinton Administration is very stupidly burying it's head in the sands at a time when Democrats can least afford to do so. It seeks to ignore the recent developments in Durban, and seeks to continue blowing its' now dented and rusted DrugWar horn about cannabis having no medical use.This is happening when only weeks ago, at the 13th International AIDS Conference, results of the Abrams Study were released to the world. In a US governmentally approved study, the results showed conclusively cannabis's medical efficacy and safety. But Klinton refuses to acknowledge this fact. He says that he is concerned about the 'will of the Congress'? How touching... seeing he has been at perpetual loggerheads with them almost from the moment of his inauguration. He should be much more concerned about the will of the people in those States that have voted for MMJ. Because in refusing to extract it's head from the sand, the Democratic Party invites getting its' political arse kicked. Especially in California, by voters in a crucial State whose goodwill is not something Democrats can afford to squander in an election year. Just how badly this will anger California voters remains to be seen. But I'd hazard a guess that Al Gore may have just lost California... unless he quits his DrugWarrior shuffle bit, stands up and says he is for MMJ. And I'm not holding my breath on this protege of Billy Boy developing a spine anytime soon; he's had chances for 8 years, and wasted every one of them. [ Post Comment ] Comment #1 posted by MikeEEEEE on July 29, 2000 at 15:36:10 PT Fighting the sick people It should say that it floats the ability of the drug warriors to get all the drug war bootie. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: