cannabisnews.com: State Eyes Pot Case





State Eyes Pot Case
Posted by FoM on March 29, 2001 at 11:09:26 PT
By M.E. Sprengelmeyer, News Washington Bureau
Source: Denver Rocky Mountain News
A California case could decide how a new medical marijuana law takes shape in Colorado. The U.S. Supreme Court heard arguments Wednesday in a case that will determine whether the Oakland Cannabis Buyers' Cooperative in California can use a "medical necessity" defense in federal court and resume distributing pot to patients. 
A broad ruling by the court could settle whether a federal law that considers marijuana to have "no currently accepted medical use" trumps state initiatives like Colorado's, and influence whether cannabis buyers' cooperatives start springing up in the state, observers said Wednesday. If the Oakland cooperative wins, patients' advocates in Colorado would accelerate efforts to start similar clubs, said Martin Chilcutt, original author of Amendment 20, the medical marijuana initiative voters approved in November. "Our reason and purpose is to bring this all above-ground, in the daylight, and allow these people to have it, obtain it, grow it and use it without legal ramifications," Chilcutt said. That is the worst fear for anti-drug activists such as Eleaner Scott, vice chairman of the Westminster Area Community Awareness Action Team. "I think there would be a more liberal look at how to distribute marijuana," Scott said. "It would give impetus for someone to open a cannabis club or clubs in Colorado. They'd be really hard to monitor and there would be room for abuse." The court is expected to rule this summer. "There is lots at stake or little at stake, depending on how the court rules," said Ken Lane, spokesman for Colorado Attorney General Ken Salazar. The court might issue a narrow decision that affects only the California buyers' cooperative. A broader ruling could call the validity of Colorado's initiative into question, Lane said. "If the Supreme Court rules that federal law preempts state laws, that's the law of the land," Lane said. Amendment 20 will allow Coloradans with cancer, glaucoma, HIV and severe pain to have up to six marijuana plants and 2 ounces of pot in their possession. The law did not authorize cannabis clubs, which still leaves patients in a quandary about where to get the marijuana. Attorney Gerald Uelmen, who argued the case for the Oakland Cannabis Buyers' Cooperative, said a defeat would squelch efforts to add cannabis clubs in Colorado and seven other states with medical marijuana laws. "I think the enterprises that may be at risk are the Good Samaritans that may be providing the cannabis," Uelmen said on the steps of the Supreme Court, where there were a handful of protesters on both sides. During Wednesday's arguments, Justice Antonin Scalia questioned whether the "medical necessity" defense should apply to a club, not just an individual patient. "If this case goes against Oakland cannabis buyers' club, obviously you're not likely to see these buyers' clubs pop up in other states," said Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws. The man in charge of implementing Colorado's new law, state medical director Dr. Richard Hoffman, said a decision favoring the Oakland club could "make it easier for physicians to work with the program." "But if they rule the other way, then Colorado's program probably is in worse shape because there has been a definitive ruling on an issue right now that is somewhat murky." Note: Supreme court hears arguments on whether Calif. co-op may use a `medical necessity' defense.Newshawk: normlmediaSource: Denver Rocky Mountain News (CO)Author: M.E. Sprengelmeyer, News Washington BureauPublished: March 29, 2001Copyright: 2001 Denver Publishing Co.Address: 400 W. Colfax, Denver, CO 80204Contact: letters denver-rmn.comWebsite: http://www.denver-rmn.com/Related Articles & Web Site:NORML: http://www.norml.org/Oakland Cannabis Buyers' Cooperative: http://www.rxcbc.org/USA V. OCBC & Jeffrey Jones: http://www.druglibrary.org/ocbc/Coloradans For Medical Rights: http://www.medicalmarijuana.com/Parents Say Reefer is Madness: http://cannabisnews.com/news/thread9198.shtmlMarijuana ID Card To Cost $140: http://cannabisnews.com/news/thread9117.shtml
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Comment #1 posted by bdarrah on November 08, 2003 at 12:55:05 PT:
medical
i need a doctor in colorado that will recomend cannabis
thanks bev please email
bdarrah47 hotmail.com
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