BILL WOULD ALLOW MEDICAL DEFENSE IN TRIALS OVER POT

T

The420Guy

Guest
WASHINGTON -- Legislation introduced in Congress yesterday would give people
accused by federal authorities of growing marijuana the right to present
evidence at trial that the marijuana was to help the sick, as is now allowed
in Washington and seven other states.

The bill is the latest development in a controversy over the Bush
administration's decision to prosecute people in those eight states who say
they are growing marijuana for medical purposes.

A 1970 federal law does not recognize any medical purposes for marijuana. A
federal judge in January refused to allow Ed Rosenthal of Oakland, Calif.,
to tell jurors he was operating under state law.

Jurors convicted Rosenthal. When they learned the details they had not been
told during the trial, several jurors said they regretted the verdict.

"This bill is about due process. It's not about pot," said U.S. Rep. Sam
Farr, D-Calif., the bill's author.

Washington voters passed Initiative 692 in 1998, giving people with cancer,
HIV, multiple sclerosis, epilepsy, spasms, intractable pain and glaucoma the
right to possess and use marijuana with a doctor's approval.

Recently, however, federal law-enforcement officials in Washington have
warned some medical-marijuana growers that they could be prosecuted. So far,
though, no one in Washington has been.

Supporters of medical marijuana locally say Farr's bill would at least give
them a chance in court, should there be a prosecution.

"It's better than nothing, because it would at least give us the opportunity
to present the truth in a courtroom," said Douglas Hiatt, a Seattle attorney
who specializes in representing medical-marijuana patients.

"Right now, in federal court you're gagged. So the practical effect of
Farr's bill would be to allow the jury to hear that my client is sick and
essentially nullify the federal law."

Farr's bill has the support of 25 colleagues, but only two Republicans.
Supporters acknowledged they face a tough fight to win approval -- or even a
hearing -- for the legislation.

U.S. Rep. Barney Frank, D-Mass., said he hopes Republicans in the eight
states that permit marijuana use by the sick will back the bill. Besides
Washington, the states are Alaska, Arizona, California, Colorado, Hawaii,
Maine and Oregon.

California voters approved a medical-marijuana law in 1996. Rosenthal's
arrest last year was among a string of federal Drug Enforcement
Administration raids on medical-marijuana suppliers in California.


Pubdate: Fri, 11 Apr 2003
Source: Seattle Times (WA)
Contact: opinion@seattletimes.com
Copyright: 2003 The Seattle Times Company
Website: The Seattle Times | Local news, sports, business, politics, entertainment, travel, restaurants and opinion for Seattle and the Pacific Northwest.
 
Back
Top Bottom