Reefer relief despite AG Ashcroft

by T Lee Dec 16, 2003 9:58AM PST

Federal appeals court OKs medical marijuana in some cases

(12-16) 17:34 PST SAN FRANCISCO (AP) --

A federal appeals court ruled Tuesday that a congressional act outlawing marijuana may not apply to sick people with a doctor's recommendation in states that have approved medical marijuana laws.

The 9th U.S. Circuit Court of Appeals ruled 2-1 that prosecuting these medical marijuana users under a 1970 federal law is unconstitutional if the marijuana isn't sold, transported across state lines or used for non-medicinal 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.

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Of course the 9th Cicuit is the most reversed in the country (NT)

by Kiddpeat Dec 16, 2003 11:57AM PST

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Re: 9th Cicuit is the most reversed in the country

by Dave Konkel [Moderator] Dec 16, 2003 12:04PM PST

Hi, KP.

Of course, given the 10th Amendment, this decision is entirely in accord with the Constitution. it'll be interesting, however, to see if the SCOTUS will extend the "New Federalism" to help people, not just decrease their right to judicial relief from infringement of their rights.
-- Dave K.
Speakeasy Moderator
click here to email semods4@yahoo.com

The opinions expressed above are my own,
and do not necessarily reflect those of CNET!

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Of course it is irrelevant to you ...

by Evie Dec 17, 2003 2:15AM PST

... that the Supreme Court has upheld the Controlled Substances Act on several occasions. MJ remains Schedule I under that act. You want to have it both ways Dave. Either get the CSA overturned, or get MJ rescheduled.

Interesting how you have no problem with the fictional right to privacy-based split Roe v. Wade decision nullifying the abortion laws states have every right under our constitution to enact. There isn't even a federal "Right to Abortion Act" as enacted by Congress for crying out loud!

I still am not sure how medical mj can practically be made. As we are both aware there does seem to be some benefit to smoking the plant over the pharmaceuticalize version (which has been placed on Schedule II if memory serves and thus can be prescribed). How will a doctor prescribe it? Can you think of any other drug that is not FDA approved that a doctor would prescribe? How many joints? What quality dope? What THC or other active component concentration does it have? Can you see a state health department issuing guidelines like the AHA does for heart healthy diet and the like?

Evie

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Re:Reefer relief despite AG Ashcroft

by Mary Kay Dec 17, 2003 2:02AM PST

Doe this stuff come in a capsul form? Why can't it be prescribed and distributed like any other medical drug
where it is legal? And why isn't it legal in my state? Just kidding.

Reefer relief despite AG Ashcroft

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