US - Plaintiffs in medical marijuana case to defy Supreme Court ruling

Pinch

Well-Known Member
San Francisco, CA - The two plaintiffs in the medical marijuana case decided by the U.S. Supreme Court on Monday say they will defy the ruling and continue to smoke pot, even at the risk of arrest by federal authorities.

"I'm going to have to be prepared to be arrested," said Diane Monson, who smokes marijuana several times a day to relieve back pain.

The Supreme Court ruled that federal authorities may arrest and prosecute people whose doctors recommend marijuana to ease pain, concluding that state laws do not protect users from a federal ban on the drug.

The Bush administration had argued that states, even the 10 states with medical marijuana laws, could not defy the federal Controlled Substances Act, which declares marijuana to be not only illegal, but of no medical value.

Justice John Paul Stevens, writing the 6-3 decision, said that Congress could change the law to allow medical use of marijuana.

Monson, 48, of Oroville, Calif., was prescribed marijuana by her doctor in 1997 after standard prescription drugs didn't work or made her sleepy. She is battling degenerative spine disease.

"I'm way disappointed. There are so many people that need cannabis," Monson said.

Fifty-six per cent of California voters approved the country's first so-called medical marijuana law in 1996, allowing patients to smoke and grow marijuana with a doctor's recommendation.

Even though the state law was on the books, Monson's backyard crop of six marijuana plants was seized by federal agents in 2002. She and Angel Raich, the other plaintiff, sued then-attorney general John Ashcroft.

"If I stop using cannabis, unfortunately, I would die," said Raich, who estimates her marijuana intake to be about four kilograms a year.

Raich, 39, suffers from scoliosis, a brain tumour, chronic nausea and other problems. She said she uses marijuana every few waking hours on the advice of her doctor, who said dozens of other medications were of little help.

Many other cannabis clubs still operate openly in California and other states, but have taken measures - such as not keeping client lists - to protect their customers from arrest.

In Canada, a small portion of Canadians are permitted to possess marijuana to treat a serious medical condition. They must hold an exemption card issued by the federal government.

California Attorney General Bill Lockyer said he was disappointed with the ruling but not surprised, and that "people shouldn't panic. . . . There aren't going to be many changes."

Local and state officers handle nearly all marijuana prosecutions and must still follow any state laws that protect patients.

"Nothing is different today than it was two days ago in terms of real world impact," Lockyer said. "There's a California law which conflicts with the federal law. Federal law treats heroin and marijuana the same, which is illogical."



Source: Canadian Press
Copyright: Copyright © 2005 Canadian Press
Contact: DAVID KRAVETS
Website: Yahoo News - Latest News & Headlines
 
SUGGESTED ACTIONS
IN RESPONSE TO THE RAICH DECISION

PLEASE COPY AND DISTRIBUTE

DrugSense FOCUS Alert #309 - Monday, 6 June 2005
The Supreme Court ruled Monday that state medical marijuana laws don't protect users from a federal ban on the drug - allowing federal authorities to prosecute sick people for their use of medical cannabis, even if on the advice of their doctors.
The decision is on line in various formats here
GONZALES V. RAICH and as a 79 page .pdf
file here https://www.supremecourtus.gov/opinions/04pdf/03-1454.pdf

In its majority opinion against Raich and Monson (page 6), the Supreme Court issued a significant word of warning about the wisdom of current federal laws:

"The case is made difficult by respondents' strong arguments that they will suffer irreparable harm because, despite a congressional finding to the contrary, marijuana does have valid therapeutic purposes. The question before us, however, is not whether it is wise to enforce the statute in these circumstances; rather, it is whether Congress' power to regulate interstate markets for medicinal substances encompasses the portions of those markets that are supplied with drugs produced and consumed locally."
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Organizations are calling for you to act and providing detailed advice on the best ways to respond. Please see:
https://actioncenter.drugpolicy.org/action/index.asp?step=2&item=25197
Marijuana Policy Project - We Change Laws!
https://www.raichaction.org/
https://hinchey.kintera.org
NORML - Working to Reform Marijuana Laws Since 1970
https://www.angeljustice.org
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Here are a few points to consider:

MapInc

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Thanks for your effort and support.
It's not what others do it's what YOU do
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Fuck that ruling and I personally applaud those people continuing to use in spite of the bullshit. If they want keep marijuana illegal recreationally fine, but good god sick patients are getting fucked in a political crossfire.
 
"Nothing is different today than it was two days ago in terms of real world impact." from the story below.

It lit a fire under some pot smokers' asses..

Before you respond to this, write your governmental reps!
 
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