NEW COURT CHALLENGE

SAN FRANCISCO, May 24 - Medical marijuana patient Lynnette Shaw, one
of several defendants in the federal government's lawsuit to close
medical marijuana dispensaries in California, has requested that
U.S. District Court judge Charles Breyer allow her to continue to
possess and cultivate marijuana for her own personal use in
accordance with Proposition 215.

In a motion filed by her attorney, William G. Panzer, Shaw is asking
for a partial exemption from a permanent injunction which the court
is expected to issue barring distribution and manufacture of
marijuana by herself and other parties in the suit. In addition to
being a Prop. 215 patient, Shaw is director of the Marin Alliance of
Medical Marijuana, which is named in the case along with the Oakland
Cannabis Buyers' Cooperative and Ukiah Cannabis Buyers' Club.

By requesting the right to grow marijuana for herself, Shaw's
petition opens the case to an appeal on the constitutionality of
federal laws against personal use and cultivation of medical
marijuana, an issue that the court might otherwise sidestep.

In a summary judgment earlier this month, Judge Breyer rejected
defendants' contention that the federal government lacks
constitutional authority to ban intrastate distribution of medical
marijuana, but invited them to respond before issuing a permanent
injunction.

In her response, Shaw requested that any injunction be narrowly
crafted to cover only distribution, and specifically state that she
is not enjoined from cultivating or possessing cannabis for her own
personal medicinal use.

The government has until June 7th to respond to Shaw's request,
after which Judge Breyer is expected to issue an injunction. An
appeal of Breyer's injunction to the Ninth Circuit is certain. Prop
215 supporters are hopeful that the courts will ultimately limit the
federal government's interference in state medical marijuana laws.
While there are numerous court precedents upholding federal
authority to prohibit distribution of marijuana, even where it is
not evidently in interstate commerce, there are none regarding use
and cultivation for personal medical use.

Lynnette Shaw credits medical cannabis with keeping her stable and
productive. "Marijuana is the only medicine that has worked for me,"
she says, "I am confident that we will prevail and help protect
American patients from further anguish over medical cannabis."


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Release by Dale Gieringer, Cal. NORML, canorml@igc.org
http://www.canorml.org/