cannabisnews.com: Future of MMJ Hinges on Supreme Court Case





Future of MMJ Hinges on Supreme Court Case
Posted by FoM on November 27, 2000 at 22:35:21 PT
By Franci Richardson 
Source: Boston Herald 
The U.S. Supreme Court's agreement yesterday to hear a potentially landmark case on the medical use of marijuana could ultimately decide whether the chronically ill can toke up in the Bay State.``This could make or break state efforts to authorize the medicinal use of marijuana,'' said Jack Beermann, a law professor at Boston University. ``I'm not sure every issue is going to get resolved in this case, but it could if (the justices) make a sweeping decision.''
The high court agreed to hear a U.S. Justice Department appeal of a ruling that would allow marijuana clubs in California to provide pot to patients who are able to prove medical necessity.The decision to hear the case marks the latest step in the battle between the states' right to legalize the medicinal use of marijuana and the potentially preemptive federal narcotics laws prohibiting the manufacturing and distribution of pot.``If the Supreme Court of the U.S. decides there's a federal law that prohibits distribution and manufacturing of marijuana, then a state could not authorize violations of that,'' said Beermann.The California initiative allows sick patients who have a doctor's recommendation to grow and use marijuana for relief of pain and nausea.Eight states in addition to California have passed medical-marijuana laws: Alaska, Arizona, Hawaii, Maine, Oregon, Washington, Nevada and Colorado.In August 1996, former Gov. William F. Weld signed into law the Therapeutic Research Act, which theoretically permitted the drug's medicinal use for the effects of glaucoma, chemotherapy and asthma.But the major problem in implementing the state policy has been in finding a federally sanctioned ``source,'' or dealer, said Roseanne Pawelec, spokeswoman for the state Department of Public Health.``It's the opinion of this office that we would be operating outside the law without a federally approved source,'' she said. ``From a health standpoint, it would not be prudent to have a source from the street, which is often contaminated.''The most recent evidence of the Bay State's growing approval of the medical use of marijuana is the overwhelming passage of a non-binding referendum in favor of medicinal pot in the Fourth Barnstable District on Election Day.``I'm believing there's widespread interest,'' said Rep. Shirley Gomes (R-Harwich), who plans to file a bill in December on behalf of Provincetown selectmen. ``It was a surprise to me that every one of the towns had a favorable vote.''Gomes said she hopes the U.S. Supreme Court's ruling provides some direction to the states, one way or the other.Beermann's tentative guess is that the U.S. Supreme Court will find the California law a violation of federal law.``(Advocates of state control) should be nervous,'' he said. ``They should be asking Congress to change the law.''Complete Title: Future of Medicinal Marijuana Hinges on Supreme Court CaseSource: Boston Herald (MA) Author: Franci Richardson Published: Tuesday, November 28, 2000Copyright: 2000 The Boston Herald, Inc. Contact: letterstoeditor bostonherald.com Address: One Herald Square, Boston, MA 02106-2096 Website: http://www.bostonherald.com/ Related Articles:High Court To Hear Medical Marijuana Case http://cannabisnews.com/news/thread7791.shtmlSupreme Court Agrees to Rule on Prescription Pothttp://cannabisnews.com/news/thread7789.shtmlSupreme Court To Decide Medical Marijuana Case http://cannabisnews.com/news/thread7784.shtml
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Comment #4 posted by Ramses on March 08, 2001 at 18:20:47 PT:
why is it ilegal
I can understand why it is ilegal the law claims because it is adictive but I dont this it is more than cigarettes. They say it is too strong of a substance not like it was before, I dont think it is stronger than alcahol. They think it will lead to other used like cocaine, but I think it leads cocaine because it is margined with cocaine and those who try it, loose fear and think cocaine will be the same. I truly believe is a goverment conspiracy because it would drive cigarette companys to end, isnt that a good thing, but wait it will be soo easy to produce it is not like beer and other legal substance. I think that is the only reason why they made it ilegal they wouldnt be able to get a piece of the pie. so they intertain themselves busting much of the youth and elder who enjoy pot, specialy minorities and bust them and keep their money. We should change something and stop criminalizing someone every 45 seconds for money.
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Comment #3 posted by Ethan Russo, MD on November 28, 2000 at 05:40:58 PT:
Supreme Judgment
I agree with these comments and likely outcome. However, we are planning a ballot measure for clinical cannabis in Montana for 2001 irrespective of the outcome. Congress can claim that cannabis is Schedule I with no recognized medical benefits, but this is a lie that we will not accept.
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Comment #2 posted by howard on November 28, 2000 at 04:47:45 PT:
walter's right
The Supremes will surely shoot down mmj. In fact, I predict them coming out very firmly against, especially since some of the recent state reforms have been positive. I look for nothing good from these people or our so-called government. Fight on, people.
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Comment #1 posted by Walter Gourlay on November 27, 2000 at 23:59:31 PT:
Medical Marijuana
The supreme court will probably try to ban medical marijuana. It doesn't want to oppose the powerful political and law-enforcement groups. Furthermore, the court is probably going to be too timid to stay out of the issue and let the states decide. Such is the evil game of power in this country. I am finding out that it is becoming increasingly difficult to have much faith in our system because of the intolerance, bigotry, and contempt for individual rights. Every group is angry at some other group. We should unite and oppose the real cause of our discontent, the establishment.  The economic and legal control of the elites is setting the stage for a series of violent political and economic confrontations in America. I dread this and wish it could be avoided but feel this country's problems are going to explode. Waco, Ruby Ridge and Colombine are just a few of the signs of coming trouble. The judicial opposition to medical marijuan will not end this fight and the states and local communities will continut to fight. The Supreme Court cannot enforce it's decision and if enough opposition mounts the law will be impotent. Its evil for the government to say it respects the rights of states to vote for legalizing medical marijuana and then render people's will useless by preventing sick people from obtaining marijuana. Games and more games. The Supreme Court has made some unpopular decisions lately, like the gay boy scout decision, partial birth abortion, prayer in public schools. 
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