http://www.callaw.com/stories/edt0512m.html copy 1999-2000 law.com Inc. copy 1999-2000 NLP IP Company, Friday, May 12, 2000 Circuit Rules in Favor of Pot Users By Jason Hoppin Medical marijuana users won a court victory Wednesday when the Ninth Circuit U.S. Court of Appeals reinstated a defense tossed out by a lower court judge. The three-judge ruling allows users to argue before U.S. District Judge Charles Breyer that their pot-smoking is a fundamental right, a defense Breyer ruled was inadmissible in court. The victory was foreshadowed by an Oakland medical marijuana club's win last year in United States v. Oakland Cannabis Buyer's Cooperative, 190 F. 3d 1109. Breyer ruled in favor of the government's suit to shut down the pot club, but his decision was overturned by the same panel of appellate judges, Judges Stephen Reinhardt, Mary Schroeder and Barry Silverman. The Ninth Circuit's May 10 order will give several club patrons another opportunity to argue in favor of medical marijuana use in the Oakland Cannabis litigation. "The district court entered its order of dismissal underlying this appeal before we decided the earlier appeal. Accordingly, we vacate the district court's order and remand for consideration in light of our prior opinion," read the unpublished opinion. Breyer will now have to allow club members to put up a defense that smoking marijuana to alleviate ailments is a fundamental right. Reinhardt addressed the point in a separate concurrence. "I would suggest ... the district judge consider whether the constitutional claim should be resolved on summary judgement, rather than on a motion to dismiss, given the Supreme Court's emphasis on examining, in substantive due process cases, a claimed right's basis in 'our nation's history, legal traditions and practices.'" The case is Unites States v. Oakland Cannabis Buyer's Cooperative, 99-15838. ---------------------------------------------------- Forwarded by: Arthur Livermore, Director Falcon Cove Biology Laboratory 44500 Tide Avenue Arch Cape, OR 97102 503-436-1882 [EMAIL PROTECTED] ----- 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
