cannabisnews.com: Skeptical Justices Hear Pot Law Defense





Skeptical Justices Hear Pot Law Defense
Posted by FoM on March 28, 2001 at 15:48:41 PT
Associated Press - Bee Staff Writer
Source: Sacramento Bee
Marijuana is an illegal drug, even if voters, including those in California, like the idea of using it in medical therapy, the federal government argued Wednesday as the Supreme Court took a first look at the debate over prescription pot.The court’s watershed ruling, expected by June, likely would settle whether patients may get marijuana as a “medical necessity” even though it is an illegal drug under federal law.
A ruling for the Oakland Cannabis Buyers Cooperative would allow special marijuana clubs to resume distributing the drug in California, which passed one of the nation’s first medical marijuana laws in 1996.A ruling for the federal government would not negate the California voter initiative, but would effectively prevent clubs like Oakland’s from distributing the drug.A ruling against medicinal pot also would not stop California courts, prosecutors and juries from making judgments based on state and local laws.In Placer County, Steve and Michele Kubby recently were prosecuted after 265 pot plants were found in a raid of their home. But the local jury balked, deadlocking 11-1 in favor of acquittal.Eventually, all the marijuan charges against the Kubbys were dropped and Steve Kubby’s three felony convictions, involving other drugs, were reduced to misdemeanors.Steve Kubby, the Libertarian candidate for governor in 1998, said he uses the drug in fighting cancer.Proposition 215, California's medical marijuana initiative, allows pot use by people who can prove they have a “medical necessity.” It also covers their caregivers and physicians.After the measure's passage in 1996 by 56 percent of the state's voters, a variety of cooperatives opened to dispense the drug.But in Washington on Wednesday, several justices seemed skeptical of the marijuana-as-medicine argument in general, and of the notion that marijuana distributors have what the club’s lawyers call a medical-necessity defense in court.That defense would essentially have a judge or jury agree that someone’s need for the drug overrides the law. If that is so, then someone should be an actual patient, rather than a business organized to dispense or sell drugs, Justice Antonin Scalia suggested.“That’s a vast expansion beyond any necessity defense I’ve ever heard of,” Scalia said.Justice Anthony M. Kennedy seemed to agree.“You’re asking us to hold that this defense exists ... with no specific plaintiff before us, no specific case,” Kennedy told the club’s lawyer, Gerald Uelman.At the White House, spokesman Ari Fleischer said President George W. Bush supports federal prohibitions on marijuana, but also respects states’ rights to pass referendums like California’s.“The president is opposed to the legalization of marijuana, including for medicinal purposes,” he said.A vocal assortment of interest groups and activists supporting the use of marijuana as medical treatment mounted an energetic public relations campaign ahead of Wednesday’s oral arguments, and activists on both sides gathered outside the court.One woman carried a picket depicting a red “Stop” sign. It read: “Stop arresting patients for medical marijuana.”On the other side, Scott Rich of the conservative Family Research Council said endorsing marijuana as therapy sends the wrong message to young people.“Marijuana is not good medicine, to put it simply,” he said.A ruling against the club would mean the government could prosecute distributors aggressively in federal court, regardless of whether states have approved medical marijuana use. That would force providers underground or out of business altogether, advocates of medical marijuana say.California Attorney General Bill Lockyer is backing the Oakland club, arguing that the state has the right to enforce its law allowing seriously ill patients to use marijuana.Some patients and doctors say the drug relieves nausea, improves energy levels and helps combat the symptoms of ailments ranging from cancer to AIDS to glaucoma and multiple sclerosis.The Clinton administration sued the Oakland group and five other California distribution clubs in 1998, arguing that the clubs broke federal drug law by distributing, and in some cases growing, marijuana for medical use.U.S. District Judge Charles Breyer, brother of Supreme Court Justice Stephen Breyer, sided with the government. All the clubs except the Oakland group eventually closed down, and the Oakland club turned to registering potential marijuana recipients while it awaited a final ruling.Last year, an appeals court revived the case by ruling that “medical necessity” is a legal defense, and Judge Breyer followed up by issuing strict guidelines for making that claim.Before leaving office, the Clinton administration appealed to the Supreme Court.The government said the Oakland club flouted the law and continued to distribute marijuana after an order to stop.Then-Solicitor General Seth Waxman also rejected the notion that marijuana could be a medical necessity, and said Congress had spoken clearly on the issue in the broad 1970 law that regulated drug distribution.Justice Breyer will not participate as the other eight justices consider their ruling. Should the court divide 4-4, the appeals court ruling would stand and the marijuana club would be back in business.Voters in Alaska, Colorado, Maine, Nevada, Oregon and Washington also have approved ballot initiatives allowing the use of medical marijuana. In Hawaii, a similar law was passed by the legislature and signed by the governor in June 2000.The case is United States v. Oakland Cannabis Buyers Cooperative, 00-151-- Associated Press, Bee Metro StaffSource: Sacramento Bee (CA)Published: March 28, 2001Copyright: 2001 The Sacramento BeeAddress: P.O.Box 15779, Sacramento, CA 95852Contact: opinion sacbee.comWebsite: http://www.sacbee.com/Forum: http://www.sacbee.com/voices/voices_forum.htmlFeedback: http://www.sacbee.com/about_us/sacbeemail.htmlThe Kubby Files: http://www.kubby.org/Oakland Cannabis Buyers' Co-op: http://www.rxcbc.org/USA V. OCBC & Jeffrey Jones: http://www.druglibrary.org/ocbc/CannabisNews Medical Marijuana Archives: http://cannabisnews.com/news/list/medical.shtml
END SNIP -->
Snipped
Home Comment Email Register Recent Comments Help




Comment #3 posted by The GCW on March 29, 2001 at 06:46:00 PT:
From the Holy Spirit of Truth.
In plant form, Cannabis is God.
[ Post Comment ]


Comment #2 posted by The GCW on March 29, 2001 at 06:03:10 PT:
From the Holy Spirit of Truth!
With cannabis you don’t need leaders. The 2%ers know full well that an end to the cannabis prohibition hampers them from every single direction. While the 90% today in the polls show the non-oppressive understanding, there will not be allowed the option of cannabis for it divides their wealth, which is nonconforming to their desire of greed. When we look at all plant implications, we see that there is what we do not know. What we do know is enlightening enough to help become aware of what we did not know. Example: We know our understanding of our relationship w/plants under the context of taste and eat: that is we know what is best to taste and eating and that includes what is the worst, what will kill you if you eat it. We know our understanding of our relationship w/plants under the context of touch and its implications including what plants we touch that heal, and heal best along with what plants irritate us and cause rash implicating wicked. What about the plant for smell implications? We are told by God and we know from the Holy Spirit of Truth that the smell implication of cannabis / kaneh bosm, is amongst good and Love. We know that you can not smell too much where other plants that we know are good to smell do not allow the full spectrum of smell to be had because they are not the best smells and may be one of the smells that kill. Cannabis is the Greatest smell our Lord gave us. Cannabis is the greatest taste and food given us. Cannabis is the greatest thing that you touch to your body. Cannabis likewise will show true to other similar applications. So are you of the crowd that consists of the 2% that represents greed. Greed is the mark of wicked evil. Truth is the mark of the God Awesome!
[ Post Comment ]


Comment #1 posted by jAHn on March 28, 2001 at 15:57:35 PT
How ya like this?
I found this little piece on Oprah Winfrey that all of you Hemp Enthusiasts might enjoy reading upon!Excerpted from the article, posted at  http://www.nypostonline.com/business/27598.htmHere is a sample of what I found intriquing about this specific piece: "Is Hearst Magazine President Cathleen Black giving a cold shoulder to Tina Brown and Talk Magazine? Ice is dangerous, but experienced drivers will tell you black ice is most dangerous of all because you often can't see it as you approach. Yesterday, Black appeared before the monthly gathering of the American Society of Magazine Editors at the Harvard Club and hammered home the theme that print is still vital. She praised O, the Oprah Magazine, Hearst's joint venture with Oprah Winfrey. She said nice things about David Granger, editor of Esquire, and Glenda Bailey, editor of Marie Claire." I hope that it's as fun for others as it is for me! Anyone know if Oprah does/has use/used Cannabis/Ganja??? I'd love to know..>!  
[ Post Comment ]


Post Comment


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