from: a list As, always, Caveat Lector Om K ----- In a message dated 5/16/00 3:55:37 AM Pacific Daylight Time, [EMAIL PROTECTED] writes: << Correct me if I'm wrong, I think this "ruling" takes the position that growing and using a natural substance, like marijuana, is a Constitutional Right (I guess covered by the 9th Amendment). >> 9th circuit did not reach 9th amendment issues raised by city of oakland in their brief. opinion from last fall (published at 190 F3d 1109) is online here: 9th Circuit Opinion</A > unable to locate May 10 order online. case is significant in that it recognizes the existence of a common law medical necessity defense to federal Controlled Substances Act prosecution. defense is limited to those patients for whom no other medication is as efficacious, or, if another medication is as efficacious, its side effects are intolerable. case may effect oregon patients who are unable to raise choice of evils defense. either those who have no right to choice of evils pre ore med mj act (State v Ownbey, online here Oregon Judicial Department - Publications ) or those who are unable to meet HB3052 amendments to OMMA regarding choice of evils (some effort to comply and within omma limits) may be able to use as authority for asserting common law defense as against state prosecution as well. problem is argument that later enacted statutes trump common law defenses. trial judge in ownbey (and trial judge in McCormick/McWilliams prosecution in so cal fed ct) reached this conclusion, as have appellate courts in MA and VA. gov't has petitioned for certiorari from us sup ct in 9th cir case as well, so, this may be a short window of time. or not. acceptance of cert by us sup ct could allow them to consider 9th Amendment arguments, among others not reached by 9th circuit. finding a majority of us sup ct willing to recognize a 9th amendment right to medicine of choice is within realm of possibility, given their treatment of this issue in death with dignity case (WA v. Glucksberg, online here Click here: FindLaw: United States Case Law: Supreme Court) Time Will Tell. Lee Berger Portland, OR ----- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, All My Relations. Omnia Bona Bonis, Adieu, Adios, Aloha. Amen. Roads End <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, misdirections and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html <A HREF="http://home.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
