Medical Marijuana Victory!!

Appellate panel says the U.S. can't prosecute patients if doctors call marijuana their only relief and the drug is obtained at no charge.
Federal officials may not prosecute marijuana smokers whose doctors say pot is their only medical relief — at least so long as the users grow their own or obtain it from other growers without charge, a federal appeals court ruled Tuesday.

Release by Dale Gieringer, Coordinator, California NORML

Ninth Circuit Rules Prop 215 Patients Raich and Monson May Use & Grow Medical Marijuana for Personal Use

"Prop 215 Now Federal Law in California"

SAN FRANCISCO, Dec. 16th. In a stunning victory for medical marijuana, the Ninth Circuit Court of Appeals upheld the right of patients Angel Raich and Diane Monson to possess and cultivate marijuana for their own personal medical use in accordance with Prop. 215.

In a 2-1 ruling, Justices Pregerson and Paez held that the federal government lacked power under the Interstate Commerce Clause of the Constitution to interfere with the plaintiffs' possession and cultivation of marijuana for personal use. The court ordered a preliminary injunction barring the government from arresting Raich or Monson for violating the Controlled Substances Act.

"This is an enormous victory for medical marijuana patients," declared California NORML coordinator Dale Gieringer, one of the original authors of Prop. 215, "It essentially makes Prop. 215 federal law in California" (The decision should also apply to the other states in the Ninth Circuit with medical marijuana laws, namely Washington, Oregon, Alaska, Nevada and Hawaii).

The decision did not address the broader question of the federal government's authority over marijuana distribution and commerce within California, an issue that is the subject of a second, pending appeal by the Wo/Men's Alliance for Medical Marijuana and the Oakland Cannabis Buyers' Cooperative. This marks the first case in which the Controlled Substances
Act has been held unconstitutional. The court's decision was based entirely on the Commerce Clause and did not address other issues raised by the plaintiffs, such as states' rights or the fundamental right of patients to relief from pain and suffering under the 5th and 9th amendments.

The text of the court's decision may be found at:
http://www.freedomtoexhale.com/ruling.pdf
For further info read DrugWarRant, who, by the way, just endorsed Dennis Kucinich.

Big Left Outside also has a perspective on this even if his case of glaucoma seems to be developing..
Glaucoma has little to do with The Short Term Vision Thing Maybe that's the reason Kos rubs me wrong. His vision is skewed. posted by Cyndy | link | | |
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