-Caveat Lector- ----Original Message Follows---- From: [EMAIL PROTECTED] (Mike Steindel) To: [EMAIL PROTECTED] CC: [EMAIL PROTECTED], [EMAIL PROTECTED] Subject: Hope for Med MJ Date: Mon, 13 Sep 1999 16:44:48 -0700 (PDT) Court boosts California medical marijuana clubs By Andrew Quinn SAN FRANCISCO, Sept 13 (Reuters) - A federal appeals court gave fresh hope on Monday to California's embattled medical marijuana clubs, saying a judge should not have granted a Clinton administration request to shut them down without regard for the sick people they served. The 9th Circuit Court of Appeals ordered U.S. District Court Judge Charles Breyer to review his October 1998 decision, which shut the Oakland Cannabis Buyers Cooperative (OCBC) for violating federal anti-drug laws. In a 3-0 decision, the appeals court said Breyer had not given proper weight to the possibility that marijuana was an indispensable treatment for people served by the club -- including patients with AIDS and cancer -- and thus potentially protected by the "medical necessity" defense. The appeals court order did not vacate Breyer's injunction against the Oakland club, which was closed by federal marshals last October. But it did suggest Breyer amend the injunction to allow medical marijuana clubs to resume service for patients who can prove that cannabis is a medical necessity for treating their illnesses. Medical necessity, as defined by earlier court cases, means that patients have found every legal alternative to marijuana ineffective in treating their conditions and that they would suffer imminent harm without access to the drug. The decision opened a fresh chapter in California's medical marijuana saga, which began in 1996 when state voters approved medical use of the drug and then quickly moved to the courts as the federal government sought to block implementation of the new state law. In its decision, the appeals court held that the Oakland club had demonstrated "there is a class of people with serious medical conditions for whom the use of cannabis is necessary in order to treat or alleviate those conditions or their symptoms; who will suffer serious harm if they are denied cannabis; and for whom there is no legal alternative." "The government, by contrast, has yet to identify any interest it may have in blocking the distribution of cannabis to those with medical needs, relying exclusively on its general interest in enforcing its statutes," the court said. Jeff Jones, OCBC's director, said the appeals court decision represented the first step back toward legitimacy for California's cannabis clubs, which were chased underground by federal legal challenges. "I feel we are going to need to work out some details with the district court before anything can happen," Jones said. "We are asking, more or less, the district court to allow our dispensary to remain open to medical necessity cases ... somebody that is dying from cancer, from HIV ... should be be protected by their constitutional right to protect themselves." Robert Raich, a lawyer for the OCBC, said Monday's court decision could have an impact far beyond California, noting that some six other states covered by the 9th Circuit have followed California's lead and passed some form of ballot measure aimed at legalizing medical marijuana use. "I think we will have an opportunity, for the first time, to provide medical cannabis to a class of patients legally under federal law," Raich said. ============================================== This message is sent to you because you are subscribed to the mailing list <[EMAIL PROTECTED]>. |||||||||||||||||||||||||||||||||||||||||||||||||||||||||| In accordance with Title 17 U.S.C. section 107, this material is distributed without charge or profit to those who have expressed a prior interest in receiving this type of information for non-profit research and educational purposes only. |||||||||||||||||||||||||||||||||||||||||||||||||||||||||| http://www.angelfire.com/mi/smilinks/thirdeye.html |||||||||||||||||||||||||||||||||||||||||||||||||||||||||| ______________________________________________________ Get Your Private, Free Email at http://www.hotmail.com DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. 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