420 Magazine Background

U.S. Justice Department Petitions Supreme Court



U.S. Justice Department Petitions Supreme Court To Overturn OCBC Ruling

Washington, DC: The United States Justice Department filed a petition of
certiorari last Friday asking the Supreme Court to review a Sept. 19,
1999 decision of the 9th Circuit U.S. Court of Appeals, allowing the
distribution of marijuana to patients who qualify for a medical necessity
defense. The U.S. also filed for an emergency order from the 9th Circuit
staying District Judge Charles Breyer's July 17th ruling allowing the
Oakland Cannabis Buyers' Cooperative to resume distribution to qualified
patients, pending a review by the Supreme Court.
The Justice Department stated the appeals court decision was "directly
at odds with Congress' express finding that marijuana has no currently
accepted use."
The Supreme Court will not decide whether to review the case until the
new term of the Court begins in October.
"It is disappointing that the federal government is trying to prevent
patients in need from having access to the medicine they require," said
Robert Raich, Esq., the OCBC attorney.
"It's especially ironic that our government uses every legal appeal
possible to continue to deny marijuana as a medicine to those who need
it, while the courts in Canada are saying, 'either exempt medical users
or we'll throw out the entire law,'" said Keith Stroup, NORML Executive
For more information, please contact Robert Raich, Esq., at (510)
338-0700 or Keith Stroup, NORML Executive Director at (202) 483-5500.
Top Bottom