cannabisnews.com: Supreme Court Bars Distribution of Med.Marijuana Supreme Court Bars Distribution of Med. Marijuana Posted by FoM on August 29, 2000 at 15:42:12 PT By Richard Carelli, Associated Press Source: Fox News The Supreme Court on Tuesday barred distribution of marijuana to people in California whose doctors recommend it for medicinal purposes. The court, voting 7-1 to grant an emergency Clinton administration request, postponed the effect of federal court rulings that would have allowed a California club to distribute the illegal drug for medicinal use. Government lawyers had sought emergency help from Justice Sandra Day O'Connor, who referred the request to the full court. Only Justice John Paul Stevens dissented. He said the government "has failed to demonstrate that the denial of necessary medicine to seriously ill and dying patients will advance the public interest or that the failure to enjoin the distribution of such medicine will impair the orderly enforcement of federal criminal statutes.'' Justice Stephen G. Breyer disqualified himself from the case. His brother, Charles, a federal trial judge in San Francisco, previously had barred distribution of marijuana only to have his decision reversed by a federal appeals court. The highest court's action, which came in a brief order, was the latest development in a conflict between federal narcotics laws and a 1996 California voters' initiative known as Proposition 215. The state initiative allows seriously ill patients to grow and use marijuana for pain relief, with a doctor's recommendation, without state penalties. But federal law says marijuana has no medical purposes and cannot be administered safely under medical supervision. Initiatives similar to California's have been passed in Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington state. In the California case, the 9th U.S. Circuit Court of Appeals ruled that "medical necessity'' is a "legally cognizable defense'' to a charge of distributing drugs in violation of a federal law, the Controlled Substances Act. Because of that ruling, Judge Charles Breyer said the Oakland Cannabis Buyers' Cooperative could provide marijuana to people facing imminent harm from serious medical conditions and for whom legal alternatives to marijuana do not work or cause intolerable side effects. Justice Department lawyers called the 9th Circuit court's "unprecedented ruling'' a dangerous one because it created "incentives for drug manufacturers and distributors to invoke the asserted needs of others as a justification for their drug trafficking.'' The government's emergency request said allowing such distribution of marijuana would "promote disrespect and disregard for an act of Congress that is central to combating illicit drug trafficking and use by giving a judicial stamp of approval to the open and notorious distribution of (illegal) substances to potentially thousands of users without any of the strict controls required'' by federal law. In response, lawyers for the marijuana club argued that the government's emergency request be rejected. "The government has provided no evidence that states ... that have passed medical cannabis laws have any difficulty prosecuting violations of their drug statutes,'' they said. The case is U.S. v. Oakland Cannabis Buyers' Cooperative, A-145. Washington (AP) Posted: August 29, 2000© Associated Press. Related Articles & Web Site:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/Appeals Court Approves Marijuana as Medicine http://cannabisnews.com/news/thread6719.shtmlCourt's New Marijuana Stance Should Hold http://cannabisnews.com/news/thread6526.shtmlFeds Appeal Area Judge's Pot Decision http://cannabisnews.com/news/thread6525.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #16 posted by fivepounder on August 30, 2000 at 08:25:23 PT 215 on the ropes I find this very depressing. They could nullify 215. 7 to 1 vote can not be interpertated in any way possitive Reality, common sense and science are not things that have changed much in the past. Why now? Meanwhile here in Northern Cal they have stopped arresting people thay are catching with a medical grow. In the last 2 weeks they have NOT charged people caught with a 55 or so and two weeks age a 839 plant medical grow. This is BIG. Yes they take the plants, maybe leave you a couple. But no bust. Yesterday they took a child for 'child endangerment' but no drug bust with 90+ plants They are such pigs. They are waiting to see what happens to Steve Kubby. [ Post Comment ] Comment #15 posted by kaptinemo on August 30, 2000 at 05:42:01 PT: Peeling back the layers of deception Bit by bit, the forces arrayed against MMJ are starting to lose their camouflage. It's peeling away, and the naked truth is about to be exposed.Up to now, the antis have been able to cloak themselves in the supposed sanctity of their positions by invoking 'public safety'. The 'danger' that MMJ supposedly presents to the citizenry.When they are asked to provide proof, they disssemble. They make vague, generalized statements that MMJ would be sending the wrong message to our youth, implying that MMJ would lead to mass drug addiction. Aside from the patently laughable part about the 'addictive qualities' of cannabis, when you try to nail them down further, and ask where there have been historical precedents or scientific studies to back their claims, they try to distract you with even more vague statements about such studies, but never present them.Phrases like "Believe me!" or "I know!" comprise the sole substance of their arguments, because they simply haven't a leg to stand on scientifically or historically. *Their* studies, performed by such 'luminaries' as Nahas, simply can't stand the light of critical scrutiny. They've been ripped to bleeding shreds in one peer review after another. Their policies have proven to be a bust. But they know so long as they keep these facts out of sight of the public, they can continue to play in the shadows.But they have just put MMJ squarely in the public's eyes by this move. They have called attention to something they were hoping they could murder quietly in it's bed. Now the Feds may find themselves having made the worst tactical move of the entire war.Many of us here know the true cost of this idiotic war. The names of the casualties. Like Peter McWilliams, who was murdered by Federal decree. But the average member of the public is oblivious of the fact that he even existed...or the manner of his death.But now, they may find out. Bad move, narks. Very bad move. [ Post Comment ] Comment #14 posted by dddd on August 30, 2000 at 04:44:02 PT Barry?Janet?Bill? JAH shine on you Dr Ganj.I wonder how many other items received this sort of fast track priority from the Supreme court in recent years? There are some dark,and sinister forces behind this,and I'm sure the czarster is directly involved,yet I have not seen the name of any federal big dog mentioned in connection with this................dddd [ Post Comment ] Comment #13 posted by awersdifj on August 30, 2000 at 01:12:09 PT Every cloud has a silver lining Because now when marijuana prohibition ends, it will come crashing down suddenly without warning around the tyrants. Changes will continue to come first through other countries and ballot initiatives, like they did some 150 years ago when the Supreme Court and the government refused to end slavery. [ Post Comment ] Comment #12 posted by Dr. Ganj on August 29, 2000 at 22:14:32 PT Supreme Reamers Typically it takes about two years before the highest court reviews cases, and then the lower court decision usually stands. This was a civil case, and it seemed it also would take 1-2 years before the high court would review this case. But because there was so much at stake, and I believe possibly the whole fabricated Drug War itself- if you understand what this all meant. If the 9th circuit ruling stood for two years before the Supreme court ruled, medical marijuana could have legally been distributed by the OCBC under state *and* federal law. This was just too much for the feds to take, and they pushed it as fast, and as high as they could, and they got their rotten, evil way. I'm very disappointed at the way this worked, but not surprised. There is just too much money at stake here. Legalize marijuana, and this multi-decade cash cow croaks on its own cud. No more interdiction money, no more new prison money, oil companies will have competition, pharmaceutical companies will lose, alcohol sales will decrease, and certainly Philip Morris will be choking on their own noxious fumes as their sales would without question plummet. All too extreme you say? Then you tell me why such a groovy plant that does so much good has been vilified for so long with no facts to justify its schedule I position in the CSA? (see link below)Personally, I have a lot on the line here. My wife and I operate a medical marijuana dispensary in Oakland too, and were very optimistic that the end of marijuana prohibition was imminent. Now that this fast track ruling was dished out today, we can only do one thing: *continue* to dispense medical marijuana to people in need. Just because 7 judges said we can't doesn't mean we won't! We will until the federal goons haul me off to their death camp. If I'm lucky enough to make bail, I'm going to Canada, where I'll continue the fight to make this beautiful plant legal-like it was, and will be again, so help me Jah.Dr. Ganj http://www.usdoj.gov/dea/pubs/csa.htm [ Post Comment ] Comment #11 posted by FoM on August 29, 2000 at 22:06:35 PT I Think You know it might seem and feel like it is all over but in reality look how far we've come. Maybe we will see it turn around. Stranger things have happened. I do believe that everyone needs to get behind the medical marijuana issue. Decriminalization won't ever happen if we can't get medical laws changed I think.Peace, FoM! [ Post Comment ] Comment #10 posted by howard on August 29, 2000 at 20:08:21 PT: It's all over This is really it. I knew this day was coming. Good luck to all of you.... you'll need it. [ Post Comment ] Comment #9 posted by freedom fighter on August 29, 2000 at 18:04:12 PT Clear and Dangerous evidence that our judges are on drugs! [ Post Comment ] Comment #8 posted by MikeEEEEE on August 29, 2000 at 17:38:11 PT Honestly I know we're going to win this, we all, and I mean America, have to get out of the dark. They keep us in the dark with fear, but have no fear and they have no power. I will keep writing letters and informing people, I hope and suggest you do the same.Never give up a worthy fight, no 3rd or 4th chances this time, only this time counts. [ Post Comment ] Comment #7 posted by Frank S. World on August 29, 2000 at 17:34:22 PT A wake up call In 1995 more Californians voted for Prop 215 than voted for President Clinton. The Clinton Administration has been trying to void this and similar election results ever since.Let's hope the timing of this will wake up America and voters will put an end to this totalitarianism.We need leaders who believe in the Constitution not those who believe in burning it. This ruling codifies that it doesn't matter if you are sick or dying, the drug war trumps it all. Rx Cannabis Now! [ Post Comment ] Comment #6 posted by nl5x on August 29, 2000 at 17:29:27 PT vote for harry brown http://www.harrybrowne.orgHey kap, i have been reading your post for the last few years or so and have come to the conclusion that you must be a history professor or something. Your wisdom is most appreciated. [ Post Comment ] Comment #5 posted by Frank on August 29, 2000 at 17:02:45 PT We have Freedom in America? This is the worst news I have ever read. The courts no longer are truthful nor do they reflect justice. The Federal Government has become a raving madman bent on killing the sick and dying.Our votes no longer count. We are no longer free. The people running Washington are just as bad as the Communist or Nazis. The drug war means more to Washington then freedom, Liberty or human health. Historically when a government no longer honors the ballet box the people turn to the cartridge box. I wonder when the American people will finally say enough. [ Post Comment ] Comment #4 posted by kaptinemo on August 29, 2000 at 16:48:29 PT: Cicero had 'em all pegged, 2000 years ago He said that 'the Law is a whore that smiles at the man with the biggest purse.' Some very big purses were being jingled in front of the so-called Justices today. Purses held by pharmaceutical companies, law enforcement lobbyists, and Klinton himself. Purses held by people who stand to lose astronomical sums of money had the Supremes voted the other way.In a way, we should be grateful. The Supremes have finally shown their hands. As many of us had predicted, the Supremes could be counted to always throttle personal freedoms to the convenience of an ever tyrannical State. We now know we can expect no help from these black-robed rapists of the Constitution.Now more than ever, we must pursue the referendum and legislative course. The legislatures, the States, and eventually the Feds and the Supreme Court itself will be forced to acquiesce in the face of such pressure.But only if a sizable portion of the 70 Million(!!!!!) of us get off of our duffs, register to vote as either Green or Lib, and show up in November to vote that way. Then these boneheaded pols will get the message and start to listen. [ Post Comment ] Comment #3 posted by zion on August 29, 2000 at 16:37:55 PT Disgusted to be an American I was once proud of my heritage. Living in the land of the free and the home of the brave. Striving to realize the American dream.Now I feel utter digust and shame for what our representatives (police, congressional, executive and judicial) have done to pervert the standard of liberty.We used to be able to hold on to the judicial branch as the last bastion of reason to previal if the executive and legislative branch passed awful laws. That is not the case, and their failure to uphold the 10th amendment is just another nail in the coffin of the Constitution.Two choices left - 1: vote Libertarian, no wavering. Write-in vote Libertarian in the states that couldn't get on the ballot. Don't mess with Green, Dem, Repub, or any other legislative candidate. Challenge every possession law, demand a jury trial, and exercise the fourth branch of government - jury nullification. or 2: prepare for revolution, because the police state will not rest until liberty and freedom is squashed in the name of safe, docile, spoon-fed consumers.Truly sad news today. [ Post Comment ] Comment #2 posted by romper on August 29, 2000 at 15:58:49 PT just like i said in my last comment (geurillas treathen vietnam type war) how much longer before its to late? [ Post Comment ] Comment #1 posted by MikeEEEEE on August 29, 2000 at 15:50:12 PT Pigs The Feds pulled the Sandra Day O'Connor card, but in the end they will lose, the American will say enough. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: