Californians appear ready to defy marijuana ruling
June 6, 2005 - Modesto Bee

SAN FRANCISCO (AP) - One of the lead plaintiffs in the medical marijuana case decided by the U.S. Supreme Court on Monday says she'll defy the ruling and continue to smoke pot, a move likely to be followed by many Californians.

"I'm going to have to be prepared to be arrested," said Diane Monson, who smokes marijuana several times a day to relieve back pain.

The Supreme Court ruled that federal authorities may arrest and prosecute sick people whose doctors prescribe marijuana to ease pain, concluding that state laws don't protect users from a federal ban on the drug.

The Bush administration had argued that states, even the 10 states with popular medical marijuana laws, could not defy the federal Controlled Substances Act, which declares marijuana to be not only illegal, but of no medical value.

Monson, 48, of Oroville, was prescribed marijuana by her doctor in 1997, after standard prescription drugs made her sleepy or were simply not effective.

"I'm way disappointed. There are so many people that need cannabis," Monson said.

Fifty-six percent of California voters approved the nation's first so-called medical marijuana law in 1996, allowing patients to smoke and grow marijuana with a doctor's recommendation.

In 2001, the Supreme Court ruled against pot clubs that distributed medical marijuana, saying they cannot do so based on the "medical necessity" of the patient. The ruling forced the Oakland supplier of Angel Raich, the other plaintiff, to close.

Many other cannabis clubs still operate openly in California and other states, but have taken measures - such as not keeping client lists - to protect their customers from arrest.

The Drug Enforcement Administration, often working over the objections of local law enforcement, has periodically raided medical marijuana operations and their clients' pot supplies.

Raich and Monson sued Attorney General John Ashcroft because they feared their supplies of medical marijuana might dry up.