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Posted on 06/14/2002 12:15:06 PM PDT by kattracks
(CNSNews.com) - A federal judge in California has ruled in favor of a Justice Department request to permanently block three northern California medical marijuana clubs from the distributing the drug to patients.
U.S. District Judge Charles Breyer of San Francisco ruled against the Oakland Cannabis Buyers Cooperative, the Marin Alliance for Medical Marijuana and a dispensary located in Ukiah.
Attorneys for the Oakland Cannabis Buyers Cooperative said they would appeal Breyer's ruling to a higher court.
The U.S. Supreme Court last year rejected the Oakland cooperative's claim that federal law allowed the distribution of marijuana to patients with a proven medical need for it.
In his ruling Thursday, Breyer said, "In the absence of an injunction, the defendants (the clubs) are likely to resume distributing marijuana in violation of the Controlled Substances Act.
"Given the amount of marijuana distributed by the clubs, the potential prison time faced by the individual defendants...is significant. Furthermore, the fact that the defendants were distributing marijuana to seriously ill patients is not a defense under federal law."
California is one of eight states that allow individuals to grow or use small amounts of marijuana for medical purposes as long as the use is ordered and supervised by a physician. Thursday's ruling banned clubs from distributing the drug.
Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws (NORML) said the judge's ruling was expected, but unfortunate.
"By targeting these dispensaries, the federal government is forcing seriously ill Californians to obtain their medicine on the street from the black market," Stroup said.
"While the government's actions may result in driving the use of medicinal marijuana underground, they will do nothing to stop the use of medical cannabis by those who require it and have a legal right to it under state law."
Stroup said he doesn't expect Breyer's decision to invalidate California's Proposition 215, which legalizes the use, cultivation and possession of marijuana by qualified patients.
Proposition 215 was approved by California voters in 1996.
Americans For Safe Access, a grassroots campaign in favor of medical marijuana, expressed displeasure with the judge's ruling as well.
"We demand that all prosecutions of medical marijuana patients, growers and dispensaries cease immediately. We demand that President Bush and Attorney General (John) Ashcroft declare a moratorium on the federal anti-medical marijuana campaign. We demand President Bush declare his support for HR 2592, the States' Rights to Medical Marijuana act," the group declared in a statement.
But a Drug Enforcement Administration said federal authorities will continue to take action against the California clubs.
"Cannabis is illegal under federal law. The cannabis clubs are actually marijuana distribution centers. We will enforce the Controlled Substances Act," said DEA spokesman Thomas Hinojosa in a statement.
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Who cares, its not their call.
The State of California is obligated to use the full force of the State police force to protect individuals from harassment and prosecution by federal agencies.
Maybe one day, a Governor with guts will say FU to the feds over one of these issues. I'm not holding my breath, but its a dream.
It's illegal now. That is the great thing about this Republic we live in. The PEOPLE will vote on it.
Majority rules.
What are you talking about? California is obligated to adhere to the Controlled Substance Act of 1970, same as the rest of us. In fact, no new law is required in order to make medical marijuana legal. All that has to happen is a schedule change in accordance with the CSA of 1970. And that is entirely under the jurisdiction of the Executive branch. These people need to talk to Thommy Thompson. If there is a way around Ashcroft, it's him:
Evaluation of drugs and other substances. The Attorney General shall, before initiating proceedings under subsection (a) to control a drug or other substance or to remove a drug or other substance entirely from the schedules, and after gathering the necessary data, request from the Secretary a scientific and medical evaluation, and his recommendations, as to whether such drug or other substance should be so controlled or removed as a controlled substance. In making such evaluation and recommendations, the Secretary shall consider the factors listed in paragraphs (2), (3), (6), (7), and (8) of subsection (c) and any scientific or medical considerations involved in paragraphs (1), (4), and (5) of such subsection. The recommendations of the Secretary shall include recommendations with respect to the appropriate schedule, if any, under which such drug or other substance should be listed. The evaluation and the recommendations of the Secretary shall be made in writing and submitted to the Attorney General within a reasonable time. The recommendations of the Secretary to the Attorney General shall be binding on the Attorney General as to such scientific and medical matters, and if the Secretary recommends that a drug or other substance not be controlled, the Attorney General shall not control the drug or other substance.
Unless you count the Founding Clause of the DofI, and the 9th, 10th, 19th, and 21st Amendments to the BofR.
The fact that an amendment had to be passed in order to prohibit alcohol federally also proves that.
AFAIK none of those were invoked in claiming authority for the CSA or the DEA. Both were enacted/authorized under the Commerce Clause.
Majority Rules
Not in a Constitutional Republic where the feds are BOUND by the constitution.
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