T
The420Guy
Guest
A federal appeals court has ruled that a congressional act outlawing
marijuana may
not apply to sick people who have a doctor's recommendation in states that
have
approved medical marijuana laws.
The 9th U.S. Circuit Court of Appeals ruled 2-1 Tuesday that prosecuting these
medical marijuana users under a 1970 federal law is unconstitutional if the
marijuana
is not sold, transported across state lines or used for nonmedicinal purposes.
The intrastate, noncommercial cultivation, possession and use of marijuana for
personal medical purposes on the advice of a physician is, in fact,
different in kind
from drug trafficking, Judge Harry Pregerson wrote for the majority.
The court added that this limited use is clearly distinct from the broader
illicit drug
market, as well as any broader commercial market for medical marijuana,
insofar as
the medical marijuana at issue in this case is not intended for, nor does
it enter, the
stream of commerce.
Hawaii County Police Capt. Samuel Thomas noted that the ruling applies to
federal
law.
Although Hawaii has a state law that permits medical marijuana use, registered
medical users must still remain within the confines of that law, which
limits users to
possessing three mature plants and four immature plants at any time, plus one
ounce of processed marijuana per mature plant. Any more than the total, and
registered users are subject to arrest, Thomas said.
The Rev. Dennis Shields, of Kona, an advocate of religious and medical use of
marijuana, responded to the 9th Circuit ruling with the words of Martin
Luther King
Jr., Free at last, free at last.
The court is finally recognizing that medical marijuana is different from drug
trafficking, Shields said.
But the state law still poses problems, Shields said. It promises medical
users an
adequate supply, yet the limitation to seven plants, which are not
available during
the nongrowing season, means patients often do not have an adequate supply, he
said.
The 9th Circuit decision was a blow to the Justice Department, which argued
that
medical marijuana laws in nine states, including Hawaii, were trumped by the
Controlled Substances Act, which outlawed marijuana, heroin and a host of
other
drugs nationwide.
The case concerned two seriously ill California women who sued Attorney
General
John Ashcroft. They asked for a court order letting them smoke, grow or obtain
marijuana without fear of federal prosecution.
In addition to Hawaii, Alaska, Arizona, Colorado, Maine, Nevada, Oregon and
Washington state have laws similar to California, which has been the focus
of federal
drug interdiction efforts. The appeals court does not have jurisdiction
over Colorado
and Maine. The case is Raich vs. Ashcroft, 03-15481.
Source: Honolulu Star-Bulletin
Pubdate: 18 Dec 2003
Honolulu Star-Bulletin Hawaii News
marijuana may
not apply to sick people who have a doctor's recommendation in states that
have
approved medical marijuana laws.
The 9th U.S. Circuit Court of Appeals ruled 2-1 Tuesday that prosecuting these
medical marijuana users under a 1970 federal law is unconstitutional if the
marijuana
is not sold, transported across state lines or used for nonmedicinal purposes.
The intrastate, noncommercial cultivation, possession and use of marijuana for
personal medical purposes on the advice of a physician is, in fact,
different in kind
from drug trafficking, Judge Harry Pregerson wrote for the majority.
The court added that this limited use is clearly distinct from the broader
illicit drug
market, as well as any broader commercial market for medical marijuana,
insofar as
the medical marijuana at issue in this case is not intended for, nor does
it enter, the
stream of commerce.
Hawaii County Police Capt. Samuel Thomas noted that the ruling applies to
federal
law.
Although Hawaii has a state law that permits medical marijuana use, registered
medical users must still remain within the confines of that law, which
limits users to
possessing three mature plants and four immature plants at any time, plus one
ounce of processed marijuana per mature plant. Any more than the total, and
registered users are subject to arrest, Thomas said.
The Rev. Dennis Shields, of Kona, an advocate of religious and medical use of
marijuana, responded to the 9th Circuit ruling with the words of Martin
Luther King
Jr., Free at last, free at last.
The court is finally recognizing that medical marijuana is different from drug
trafficking, Shields said.
But the state law still poses problems, Shields said. It promises medical
users an
adequate supply, yet the limitation to seven plants, which are not
available during
the nongrowing season, means patients often do not have an adequate supply, he
said.
The 9th Circuit decision was a blow to the Justice Department, which argued
that
medical marijuana laws in nine states, including Hawaii, were trumped by the
Controlled Substances Act, which outlawed marijuana, heroin and a host of
other
drugs nationwide.
The case concerned two seriously ill California women who sued Attorney
General
John Ashcroft. They asked for a court order letting them smoke, grow or obtain
marijuana without fear of federal prosecution.
In addition to Hawaii, Alaska, Arizona, Colorado, Maine, Nevada, Oregon and
Washington state have laws similar to California, which has been the focus
of federal
drug interdiction efforts. The appeals court does not have jurisdiction
over Colorado
and Maine. The case is Raich vs. Ashcroft, 03-15481.
Source: Honolulu Star-Bulletin
Pubdate: 18 Dec 2003
Honolulu Star-Bulletin Hawaii News
