cannabisnews.com: Stoking The High Court Stoking The High Court Posted by FoM on November 30, 2000 at 19:18:25 PT Medical Marijuana's Supreme Court Battle Source: Michigan Daily Last June, California resident Peter McWilliams choked to death on his own vomit because he was denied the right to use medical marijuana, the only substance that would allow him to stomach a potent combination of AIDS and cancer drugs. Though California legalized marijuana for medicinal purposes in 1996 with Proposition 215, McWilliams was denied the right to mention the proposition in his federal trial for marijuana possession, despite his constant nausea, weight loss and the spreading of his cancer. But hope may be in store for millions of patients who face the same circumstances as McWilliams. A case to be presented to the U.S. Supreme Court early next year has the potential to stop the injustices of federal attacks on medical marijuana users. It is good that the Supreme Court has agreed to hear this case because states should have the right to decriminalize medical marijuana without federal intervention.The case in question has been snaking through district courts since 1998, when the Justice Department, under the urging of the Clinton administration, won an injunction to prevent the distribution of medical marijuana by California's cannabis growers clubs. Because Proposition 215 violated federal law under the Controlled Substances Act, states' rights to allow ill patients access to marijuana were denied. A U.S. Appeals Court then overturned the decision because medical necessity can be used as a defense against charges under federal law, though that appeal has since been stayed by the Supreme Court until the probable ruling next June, so California's Prop 215 is still rendered impotent.The case itself hinges on the issue of medical necessity. Medical marijuana advocates must be able to prove that no other substance works to alleviate symptoms of certain diseases like glaucoma, asthma, AIDS, cancer and even the common headache. This is not an easy task, since independent medical marijuana research has been banned in the United States for more than three decades. Therefore, no one at the federal level has the hard scientific proof that marijuana can be used medicinally. According to federal drug scheduling laws, medical marijuana has no medical uses. But accumulating evidence suggests otherwise.The U.S. Supreme Court case has the potential to free medical marijuana users and legal suppliers from prosecution under federal law. Until then, medical marijuana will remain an unfairly prosecuted and underground black-market trade. The Supreme Court has every responsibility to pay attention to the democratic process that has legalized marijuana in California and eight other states during the last five years, despite unjust claims by federal officials that claims of marijuana's medicinal use is unfounded or simply a stalking horse for legalizing pot for recreation and personal use. The Supreme Court also has the right to deny states and municipalities the right to create laws legalizing medical marijuana. This is especially important at a local level as activists attempt to legalize medical marijuana within the city of Ann Arbor and the state through ballot initiatives. The Supreme Court is right in hearing this case and must not deny the the sick their fundamental right to this valuable medicine. Medical marijuana laws must be free from federal oversight.Originally on page 4A in the 11-30-2000 issue of the Daily.Source: Michigan Daily (MI)Published: November 30, 2000Copyright: 2000 The Michigan DailyAddress: 420 Maynard Street Ann Arbor, Michigan 48109-1327Contact: daily.letters umich.eduWebsite: http://www.michigandaily.com/Peter McWilliams Memorial Pagehttp://homepages.go.com/~marthag1/Peterm.htmCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: