cannabisnews.com: Medical Pot Challenge Struck Down





Medical Pot Challenge Struck Down
Posted by FoM on November 25, 2000 at 19:34:30 PT
By Chris Talbott, Staff Writer
Source: Fairbanks Daily News
The Supreme Court of Alaska struck down a North Pole man's challenge of the medical marijuana law in a ruling issued Friday.Charles H. Rollins Jr. argued that the law's registration requirement violated his constitutional right to privacy. The law, passed into Alaska statutes after voters approved a 1998 ballot initiative, allows those with serious medical conditions to use marijuana with approval from a doctor.
Rollins argued that a closer reading of the legalese shows the law allows the state far too much input into the process."It gave you relief," Rollins said, "but it also stripped you of your power and dignity because basically you have to go to the state for approval."Rollins, 40, is considering taking the ruling to the 9th Circuit Court of Appeals and beyond, if necessary, after a cursory reading of the six-page document. Rollins feels passionately about the issue. He is not against a medical marijuana law, in fact he supports the concept. He explains his dislike for the Alaska version on his Web site."Each person, no matter who they are, has certain rights," he said. "These are rights that cannot be voted, legislated, or adjudicated away. ... A few of these rights are mercy, justice and compassion."The doctor-patient relationship is one of those rights to Rollins. And being forced to place your name on a registry regulated by the Department of Health and Social Services to use marijuana medicinally violates that trust, he said."I don't know if people realize how sacred the right to privacy and dignity is when you're dealing with doctors," Rollins said."I think a lot of people who are going through a serious illness realize that."The court ruled against Rollins, who appealed a 4th District ruling by Judge Niesje Steinkruger, because the law had privacy provisions in place.The ruling reads in part: "It can hardly be disputed that the medical marijuana registry requires disclosure of sensitive information: mere presence in the registry identifies a person as suffering from a 'debilitating medical condition' and as being a marijuana user. We agree with Rollins that the general publication of this information could be stigmatizing and invasive of the right to privacy. But the law's drafters anticipated this concern and fully addressed it."The medical marijuana law does not require medical marijuana users to divulge any details about debilitating conditions they suffer. And although it does require them to register and identify their approving physicians, the law explicitly requires the department to keep the registry confidential ... ."Like all citizens, Rollins can argue his point all the way to the U.S. Supreme Court if he chooses. After seeing Friday's ruling, he feels like the Alaska court "really wasn't taking this seriously.""I might consider going that (federal) route," Rollins said. "I feel like they missed the point." Source Fairbanks Daily News-Miner (AK) Copyright: 2000 Fairbanks Publishing Company, Inc.Author: Chris TalbottPublished: Saturday, November 25, 2000  Contact:  letters newsminer.com Fax: (907) 452-7917 Website: http://www.newsminer.com/Feedback: http://www.news-miner.com/lettersform.asp Related Articles:Medical Marijuana Card Will Cost $150 per Yearhttp://cannabisnews.com/news/thread1234.shtmlHere's My Marijuana Card, Officerhttp://www.time.com/time/magazine/articles/0,3266,23537,00.html
END SNIP -->
Snipped
Home Comment Email Register Recent Comments Help




Comment #2 posted by dddd on November 25, 2000 at 22:16:10 PT
We know who you are
 I think it's quite likely that defenderoffreeworld is correct in saying;" ...medical marijuana users become a distinct and persecuted part of the population in the eyes of the government...", This will probably be the strategy used to stall the enactment of the new laws.By making a complicated registration process,with invasive personal information requirements,they will do their best to make it as intimidating as possible. The new MMJ laws that voters approved are a step in the right direction,but we still have a long way to go before the absurdity of prohibition ends.......dddd
[ Post Comment ]

Comment #1 posted by defenderoffreeworld on November 25, 2000 at 20:24:54 PT:
I agree
one doesn't have to go to the state in order to get approved for a shot of penicilin, so why should one have to completely expose himself to get some medical marijuana? if marijuana is approved as a medicine, it should be treated as such, and the privacy of the users should be maintained. one does not have to expose his or her own personal problems to the government in order to be entitled to their share of the medicine.if the doctor approves, then that's that. we wouldn't want it to get to the point in which medical marijuana users become a distinct and persecuted part of the population in the eyes of the government,which is probably what will eventually happen.
[ Post Comment ]

Post Comment


Name: Optional Password: 
E-Mail: 
Subject: 
Comment: [Please refrain from using profanity in your message]
Link URL: 
Link Title: