-Caveat Lector- "Colo. Hemp Init. Project" wrote: > > http://www.kubby.com/990913court_mmj_decision.html > > MEDICAL MARIJUANA ISSUE RAISED > By BOB EGELKO, The Associated Press > September 14, 1999 > > SAN FRANCISCO (AP) - A federal appeals court Monday raised the possibility > that clubs that provide medical marijuana might be reopened, saying > "medical necessity" could make some patients exempt from laws against pot. > > In a rebuff to the Clinton administration, the 9th U.S. Circuit Court of > Appeals told a judge who had issued an injunction against such groups to > consider exempting patients and doctors who could show "medical necessity." > The injunction against six medical marijuana clubs had been issued at the > request of the Justice Department. > > The court did not order the exception but said there was evidence that > would justify it. > > One of the six Northern California clubs, the Oakland Cannabis Buyers' > Cooperative, "has identified a strong public interest in the availability > of a doctor-prescribed treatment that would help ameliorate the condition > and relieve the pain and suffering of a large group of persons with serious > or fatal illnesses," the court said in a 3-0 ruling. > > The court noted that the"necessity" defense - showing that breaking the law > was the only way to prevent a more serious harm - would be available if > federal authorities prosecuted patients or club officials for violating > federal drug laws. > > Because the government sought an injunction against future lawbreaking > instead of prosecuting anyone, the order should be worded to exclude > conduct that likely would be allowed if a person cited the necessity > defense at trial, the court said. > > To be eligible for such an exemption, patients would have to show that they > have tried legal alternatives to marijuana and found that they don't work > or cause intolerable side effects, the court said. > > The ruling was applauded by Robert Raich, a lawyer for the Oakland > cooperative, which served about 2,000 patients before being closed by court > order last year. It later reopened as a center for hemp products and > patient support, but not for marijuana distribution. > > "The 9th Circuit is correctly recognizing that cannabis has medical > efficacy to a large class of patients and that it should be recognized > under federal law under the medical necessity defense," Raich said. > > He said the ruling could lead to the reopening of the Oakland cooperative > for the limited number of patients who could show medical necessity. > > No one was immediately available at the Justice Department to respond to > the ruling, a spokesman said. > > Medical marijuana clubs sprang up around California after the November 1996 > approval of Proposition 215, which allowed patients with serious illnesses > to obtain and use marijuana at their doctors' recommendation without being > prosecuted under state law. The drug is used to relieve pain and other > effects of AIDS, cancer and certain other diseases and their treatments. > > The Justice Department responded by suing six Northern California clubs, > saying the absolute federal ban on marijuana distribution overrode > Proposition 215. > > U.S. District Judge Charles Breyer agreed, issuing a contempt order last > year that forced four of the clubs to stop distributing marijuana. Two of > the clubs, in Fairfax and Ukiah remain open because the government failed > to present evidence that they were distributing marijuana at the time. > Other informal organizations scattered around the state also continue to > supply medicinal marijuana. > > ------------------------------------------------------------------ > To read the 9th Circuit decision see: > www.kubby.com > www.rxcbc.org > ------------------------------------------------------------------ > Re-distributed as a public service by the: > Colorado Hemp Initiative Project > P.O. Box 729, Nederland, CO 80466 > Vmail: (303) 448-5640 > Email: <[EMAIL PROTECTED]> > Web: http://www.welcomehome.org/cohip.html > http://www.levellers.org/cannabis.html > "Fighting over 60 years of lies and dis-information > with 10,000 years of history and fact." > ARE YOU REGISTERED TO VOTE??? > ********************************************** > To be added to or removed from our mailing list, > send email with the word SUBSCRIBE or UNSUBSCRIBE in the title. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! 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. 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