cannabisnews.com: Medicinal Dope on the Docket


cannabisnews.com: Medicinal Dope on the Docket 





Medicinal Dope on the Docket 
Posted by FoM on March 28, 2001 at 16:39:23 PT
By Geraldine Sealey
Source: ABCNews
Jeff Jones has witnessed firsthand the ravaging effects of cancer. He watched his father, Wayne Jones, battle his illness as well as the toxic treatments that left him nauseous, vomiting and weak. A few years after his father died in 1988, Jones learned about the benefits marijuana could have provided his father. Using the drug can alleviate pain and nausea, and help patients hold down food, allowing them to stay stronger. 
Determined to put this knowledge to work for others, Jones opened the Oakland Cannabis Buyers' Cooperative in California. Now, his non-profit group provides thousands of seriously ill people with information and support concerning the medicinal use of marijuana.Today, the U.S. Supreme Court heard arguments on whether the Cooperative and other "pot clubs" can use "medical necessity" as a defense for using and distributing marijuana despite federal drug bans. 'Pot Club' Crackdown:Until last year, the Cooperative provided marijuana to patients with letters of recommendation from doctors. Although marijuana is a Schedule I drug under federal law, California's 1996 Compassionate Use Act legalized the drug's use and cultivation for medicinal purposes in the state. Eight other states, plus Washington, D.C., have passed similar laws: Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington. At least 30 states have passed some form of legislation sympathetic to "seriously ill patients seeking access to marijuana for medicinal purposes."Today's case goes back to January 1998, when the federal government filed suit against Jones' Cooperative and five other "pot clubs" to prevent them from distributing marijuana. The club's practices violated the Controlled Substances Act, the government said. Further, the FDA had not declared marijuana safe for medicinal use. California officials argue the state has a right to enforce its own laws. Lawyers for the Justice Department have argued that distributing marijuana, even for the goal of helping ill patients, makes it difficult to enforce federal drug laws. Justices Seem Skeptical of Clubs:Several justices seemed skeptical of the arguments for distributing medicinal marijuana. Defending so-called pot clubs, businesses organized to sell drugs, is different from arguing that a patient's need for the drug should override the law, Justice Antonin Scalia suggested."That's a vast expansion beyond any necessity defense I've ever heard of," he 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," he told the Cooperative's lawyer, Gerald Uelman.In lower courts, a federal judge ruled in favor of the federal government. But last year, the 9th U.S. Circuit Court of Appeals ruled that "medical necessity" can be used as a legal defense.The government "has offered no evidence to rebut [a marijuana club's] evidence that cannabis is the only effective treatment for a large group of seriously ill individuals," the three-judge appellate panel said. States' Rights vs. War on Drugs:The case puts the rights of states to enforce their own laws at odds with a hard-line federal stance on illegal drugs. Those elements create an interesting dilemma for the court since the justices often defend states' rights and come down in support of federal drug law enforcement.In a legal brief, the Cooperative's lawyers appealed to the justices' commitment to preserving state's authority."The court in this case can affirm and deepen its commitment to federalism, fundamental liberties, and the powers reserved to the States and the people," they wrote, "and by doing so enable seriously ill patients to alleviate their suffering."Justice Stephen G. Breyer has recused himself from the case because his brother, Charles Breyer, is the federal district judge who ordered the club to stop distributing marijuana.A ruling in United States vs. Oakland Cannabis Buyers' Cooperative is expected by June. Source: ABC NewsAuthor: Geraldine SealeyPublished: March 28, 2001Copyright: 2001 ABC News Internet VenturesWebsite: http://www.abcnews.go.com/Contact: http://www.abcnews.go.com/service/help/abccontact.htmlRelated Articles & Web Sites: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 
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Comment #3 posted by The GCW on March 29, 2001 at 06:44:02 PT:
From the Holy Spirit of Truth.
In plant form, Cannabis is God.
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Comment #2 posted by The GCW on March 29, 2001 at 05:55:50 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!
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Comment #1 posted by Imprint on March 28, 2001 at 18:26:25 PT:
Supreme Court Better Not Screw This UP!
Not only are individuals loosing their personal rights but States are loosing their right to be self governing as well. In the past Innovation and progress has been a hallmark in America. Why, because each State could do things differently and as time went forward the best ideas would survive. The federal government is choking the life out of America. This decision should be a slam-dunk for the Supreme Court. The citizens of California have spoken and the Oakland Cannabis Club should be free to distribute marijuana to patents with a doctor’s approval. 
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