Feds Snub Lockyer – And
the Sick and Dying. Appeal Medical Necessity Ruling.
See
NORML Analysis of Federal Appeals Court
Ruling On Medical Marijuana Clubs
-- NORML Weekly PR
and
California AG Lockyer
Asks Reno Not to Appeal Court Ruling Upholding Medical Necessity.
A Very Major Development! (Marijuananews note: This is
hardly unexpected, but it does put the Federal government at loggerheads with the state of
California. It is also a very high stakes gamble by the Feds.
I talked this afternoon with Robert Raich, Esq., the counsel for the Oakland CBC. He
told me that there is no set time for the appeals process. Eleven judges will review the
case.
It will be a month or more before they decide whether or not to hear the
government’s appeal. If they do decide to hear the case, then the Oakland CBC can
respond, but there is nothing to be done before then. Then it is likely that the appeals
process could take up to six months. In the meantime, the CBC will ask Judge Breyer to
lift or modify his injunction to allow the CBC to provide medical marijuana to at least
some of the patients.
Inasmuch as the 9th Circuit is one of the most liberal, it is very likely
that the en banc ruling will uphold the ruling by the three judges who heard the
case.
As Raich observed, "This shows that the Clinton
Administration is out of touch with the voters of California, the political establishment
of California and the medical establishment of California.")
October 27, 1999
Feds Want Marijuana Ruling Reviewed
SAN FRANCISCO (AP) - The Justice Department on Wednesday asked a
federal appeals court to reconsider a ruling that could allow seriously ill patients to
use marijuana without being prosecuted.
The 9th U.S. Circuit Court of Appeals last month told a federal judge to rethink his
order that closed down some Northern California medical marijuana clubs, and consider an
exemption for patients who face imminent harm without the drug and
have no effective legal alternative.
Federal prosecutors have repeatedly argued that Congress has declared pot to be among
the most dangerous controlled substances and without a medical purpose - invalidating the
medical-necessity argument the court said should be considered.
(Marijuananews note: It is true that the Congress has voted in
non-binding resolutions that marijuana should not be used as a medicine. However, it is
not true that they have done so in a way that is legally binding. The question before the
courts is even more fundamental: is there a medical necessity right?)
See
How The IOM
Report Impacts The Move To Have Medical Marijuana Rescheduled
and
The
Congressional Record On The House Medical Marijuana Debate
Requires Powerful Anti-Emetics
In its ruling last month, the appeals court said the government has offered nothing to
contradict "evidence that cannabis is the only effective treatment for a large group
of seriously ill individuals.''
If the ruling stands, it would affect California and four other states in the
9th Circuit - Arizona, Oregon, Washington and Alaska - that have laws protecting medical
marijuana users against state prosecution.
See the next story
California Nurses
Association -- Representing 30,000 Registered Nurses --
Urges Judge Breyer Not to Wait For Appeals Court Ruling;
Allow Oakland Club to Distribute Medical Marijuana Now!
Special to Marijuananews
Supported