U.S. Appeals Court OKs Some Medical Pot

StarNewsOnline ^ | December 16. 2003 | Associated Press

[yonif]

An appeals court ruled Tuesday that a federal law outlawing marijuana does not apply to sick people who are allowed to smoke pot with a doctor's recommendation.

The ruling by the 9th U.S. Circuit Court of Appeals was a blow to the federal government in its fight against medical marijuana. The Justice Department has argued that state medical marijuana laws were trumped by federal drug laws.

The case also underscores the conflict between federal law and California's 1996 medical marijuana law, which allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation. Eight other states have similar laws.

In its 2-1 decision, the court said prosecuting medical marijuana users under the federal law is unconstitutional if the marijuana is not sold, transported across state lines or used for non-medicinal purposes.

Judge Harry Pregerson wrote for the majority that smoking pot on the advice of a doctor is "different in kind from drug trafficking." The court added that "this limited use is clearly distinct from the broader illicit drug market."

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.

A U.S. District judge tossed the case in March, saying the federal law barred him from blocking any potential enforcement action against medical marijuana patients Angel Raich and Diane Monson. Tuesday's ruling sends the case back to the district judge.

Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington state have laws similar to California, which has been the focus of federal drug interdiction efforts. Agents have raided and shut down several medical marijuana growing clubs.

The appeals court, the nation's largest, has jurisdiction over all of the states except Colorado and Maine.

[rapture-me]

The ruling by the 9th U.S. Circuit Court of Appeals was a blow to the federal government in its fight against medical marijuana.

Where did they find these idiots? They never fail to disgust me no matter what the issue.

[ClintonBeGone]

The ruling by the 9th U.S. Circuit Court of Appeals . . .

You can stop right there and start laughing! LOL

[King Black Robe]

Gee, I remember when legislatures got to decide these sorts of things.

[BCrago66]

If your a conservative, you should like this ruling. Explain to me - under what enumerated power does Congress regulate use of pot within one's own home?

[John Beresford Tipton]

" I remember when legislatures got to decide these sorts of things"

Yes, the state legislatures said it would be legal in their states. You got a problem with that?

[SoggyBottomBoy]

The 9th Circus strikes again! Exactly how long do we have to wait for the LEFT coast to fall off into the Pacific.

[Argus]

For once I agree with the Ninth Circus. There's no good reason to waste law enforcement resources going after cancer patients growing and smoking dope to ease their pain and nausea.

[Petronski]

Dumbass ruling based in sympathy rather than law.

Oh . . . . Ninth Circuit. Nevermind.

[Petronski]

There's no good reason to waste law enforcement resources going after cancer patients growing and smoking dope to ease their pain and nausea.

I agree completely, but this is a question for the legislature, not the courts.

[tacticalogic]

I agree completely, but this is a question for the legislature, not the courts.

The legislature seems to have passed it off to the bureaucrats.

[Petronski]

As I can see, so long as the legislative branch refuses to expressly permit it, it is still in their end of the court.

(yes, pun intended)

[templar]

Gee, I remember when legislatures got to decide these sorts of things.

I believe they did. In 8 states fo far anyway.

[tacticalogic]

And as long as they can hide behind the bureaucracy, they will. At any rate, I think the courts are going to have to be involved because I think there are Contitutional issues involved.

[Huck]

If your a conservative, you should like this ruling. Explain to me - under what enumerated power does Congress regulate use of pot within one's own home?

Good question. Where exactly is it in the Constitution?

[Cultural Jihad]

What's with Colorado and Maine? Why were they excluded from the jurisdiction? Anyone know?

[Cultural Jihad]

OIC. Nevermind. Both states have similar laws but are not part of the 9th Circuit.

[flashbunny]

best:

In its 2-1 decision, the court said prosecuting medical marijuana users under the federal law is unconstitutional if the marijuana is not transported across state lines or both states don't have laws against it

Amazing that the 9th circuit seems to have an understanding of states rights - just last month, I think, they ruled that it's okay to make your own machine gun since it doesn't involve interstate commerce.