cannabisnews.com: Calif Medical Marijuana Proponents Vow to Fight On





Calif Medical Marijuana Proponents Vow to Fight On
Posted by FoM on May 14, 2001 at 13:13:05 PT
By Andrew Quinn
Source: Reuters
California medical marijuana proponents vowed on Monday to fight on for what they call ``a life-saving drug'' after the U.S. Supreme Court ruled that federal law prohibited its distribution to seriously ill patients.``The justices have shown no compassion,'' said Angel McClary, a 35-year-old Oakland, Calif. mother-of-two who uses marijuana to treat a variety of ailments including a brain tumor, seizures and partial paralysis. ``We are victims of the drug war, so why haven't we been taken off the battlefield? We are entitled to live our lives without pain.''
McClary and other medical marijuana patients saw their hopes for broader acceptance dashed Monday when the nation's top court, in a unanimous decision, said marijuana cannot be distributed as a ``medical necessity'' because it has been classified as an illegal drug under federal law.The verdict marked a key victory for the federal government in its battle over whether the Oakland Cannabis Buyers Cooperative, a California cannabis club, may resume distributing marijuana to patients.It also marked a watershed for the U.S. medical marijuana movement, which has been mired in legal battles since California in 1996 approved the nation's first initiative legalizing medicinal use of the drug.Jeff Jones, director of the Oakland group, said few supporters had expected an outright victory at the Supreme Court -- noting that the conservative-dominated court had not appeared receptive to the medical marijuana argument in earlier cases.``We knew we were not going to be getting exactly what we wanted or needed for seriously ill patients in California and abroad that we represent,'' Jones said on Monday.One Door Closes, Another Opens: But while conceding that the Supreme Court ruling had closed one legal door, lawyers for the Oakland cooperative said there were plenty of other avenues open for pursuing the medical marijuana cause.Specifically, they noted that the Supreme Court's decision had been cast narrowly on the issue of ``medical necessity'', and had failed to address other constitutional questions raised by the case including whether states have the right to set their own laws on the issue.``I can see how on the issue of medical necessity they might have come down as they did, but I was surprised that the Supreme Court chose completely to sidestep the other issues we raised in the case,'' said Robert Raich, an Oakland attorney who worked on the case.``The next step is to go back to the lower courts and address fully these important constitutional questions.''California's trailblazing 1996 state initiative allowed seriously ill patients to use marijuana for pain relief as long as they have a doctor's recommendation. Similar measures have since been adopted in a number of other states.But all have run afoul of federal laws which since 1970 have banned marijuana as a ``Schedule 1'' drug -- dangerous, and with no possible medicinal value.Some analysts said the focus of the medical marijuana campaign would now switch from the courts to medical laboratories, where researchers are seeking to bolster evidence of cannabis' effectiveness in treating symptoms of diseases ranging from cancer and AIDS to glaucoma and nausea.``That's the next big battleground,'' said Dr. David Smith, medical director at the California State Department of Alcohol and Drug Programs.Smith said while there was ``substantial clinical evidence'' of the medical benefits of marijuana, more double-blind research studies were needed to persuade federal officials to re-categorize marijuana as a ``Schedule 2'' drug -- potentially addictive like morphine and cocaine, but with potential medicinal value.McClary, who calls cannabis ``a life-saver,'' said she could not afford to wait for the federal government to come around on the issue of medical marijuana.``I will literally die without cannabis, and I don't feel that the justices have the right to tell me what is best for my medical condition,'' McClary said.``This is about real lives, real people, the sick, disabled, and dying. The funny thing is, the U.S. government is afraid of us. But we are not going to back down. This is just the beginning.'' Source: ReutersAuthor: Andrew QuinnPublished: May 14, 2001Copyright: 2001 Reuters UnlimitedRelated Articles & Web Site:Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/Medical Marijuana Ruling Decried http://cannabisnews.com/news/thread9706.shtmlHigh Court Strikes Down Medical Use for Marijuanahttp://cannabisnews.com/news/thread9705.shtmlCannabisNews Articles - OCBChttp://cannabisnews.com/thcgi/search.pl?K=OCBC 
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Comment #1 posted by ekim on May 14, 2001 at 14:00:46 PT
Peter McWilliams will be smiling --Thanks Peter:)
There must be something to cause change. Thanks Peter for all you have done to help the people. I think of Todd allmost everyday. I really mean to Thank Peters Mother and Brother for all they have given. Everyone feel the love.
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