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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Following the USC has been replace with leading it around by the nose.
Indeed it has.
At the time, the states allowed it because they were desperate for help - anything to get out of the Depression. What would happen if the states started fighting federal power grabs on Constitutional grounds. I'm not talking about secession. To me, that is like letting a burgular have your home. I'm talking about standing and fighting.
I don't know if I'd quite characterize it that way. I don't think the states were quite that desperate. FDR didn't have to ask the states, he just had to co-opt the USSC. When he originally proposed his New Deal programs, he was told he'd need a Constitutional Amendment to authorize it. He bastardized the Commerce Clause to avoid letting the states have any say in the matter.
ESA = ???
.....So any state can start passing out whatever kind of 'medication' they like, no matter what the federal government has to say about it?.....
Yes.
The states are bound by their own constitutions and laws created by their own citizens. If the federal government wants that power, it must ask the states for it by way of Constitutional amendment.
If the issue is constitutional, then why is the pot lobby using the mob rule approach to legitimize pot rather than going to the Supreme Court?
The Tenth Amendment says the Federal government is only entitled to powers that are granted to it in the Constitution. All other powers are reserved to the States, or to the people.
I'd like an explanation of where you think the Constitution grants the Federal government the power to interfere in California's medical marijuana policy?
Not looking for a legal reference or anything. Just a brief explanation based upon your understanding of the Constitution.
The wheels of justice turn slowly. The problem I have with the California proposition and similar propositions is they almost dare the Federal government to assert itself, which of course it will, all the while leaving the Constitutional question alone. It seems like such a loser strategy.
IMO, they should forget about the Constituional question. Unless California wants to argue that the DEA, the FDA and the Dept. of HHS, plus the FBI, the CIA, and the Justice Dept. are ALL engaged in unconstitutional activity, all so they can let some cancer patients smoke weed, they'd best just leave that one alone. I would. The state, and the country, is so astronomically far from that view of things, it would only make things worse. And as I said, it almost taunts the Feds to pass laws clearly in violation of Federal law.
What they ought to put on the ballot is a resolution saying that the people of California desire the Attorney General to initiate an inquiry into the removal of marijuana from Schedule 1 as per the CSA of 1970. They should further resolve that California desires that the other 9 states would hold similar ballot refereda, so that the will of the people of the several states could be known.
I don't think they would get large numbers. But they should go that way. If a majority of states agreed with California, it might become a Presidential issue (and it wil have to be, because the Executive branch controls the CSA. Of course, if folks elected Senators who all favor the change, they could make it a litmus test issue for confirming the next Attorney General or Sec. of HHS.
See? There are actually quite a few approaches that could be followed. I suspect the strategy that NORML is using here is just to "raise awareness" and get publicity. It has to be. They knew they would fail. And if you look at the suggestions I have put forward, and imagine how this issue might play out, you'll see there really isn't much public support out there. Not enough to move on it.
And one last thing: priorities. We have a war on terror to fight. The Attorney General and the Sec. of HHS are heavily involved in that. Can you imagine what it would look like if they allocated resources right now to researching the medical efficacy of marijuana? It would look pretty bad. It ain't gonna happen any time soon.
Damn Straight! It should only be sold in liquor stores, to keep it out of the hands of children.
Red Herring. The government doesn't have to allocate resources to do this. All they have to do is grant the waivers to anyone who wants to conduct private research. They just don't want to.
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