Home | Community | Message Board


Out-Grow.com - Mushroom Growing Kits & Supplies
Please support our sponsors.

Feedback and Administration >> Shroomery News Service

Welcome to the Shroomery Message Board! You are experiencing a small sample of what the site has to offer. Please login or register to post messages and view our exclusive members-only content. You'll gain access to additional forums, file attachments, board customizations, encrypted private messages, and much more!

Original Seeds Store Shop: Cannabis Seeds, Compare CBD, Medical Cannabis Seeds

Jump to first unread post. Pages: 1
OfflineSeussA
Error: divide byzero

Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 4 months, 17 days
Supreme Court to Decide Medical Marijuana Case
    #2836100 - 06/28/04 12:51 PM (12 years, 10 months ago)

http://story.news.yahoo.com/news?tmpl=story&cid=578&e=3&u=/nm/20040628/ts_nm/court_marijuana_dc

WASHINGTON (Reuters) - The U.S. Supreme Court agreed on Monday to decide whether a law outlawing marijuana applies to medical use by two seriously ill California women whose doctors recommended cannabis for their pain.

The high court said it would review a ruling that the Controlled Substances Act of 1970 cannot be applied constitutionally to the manufacture, possession and distribution without charge of marijuana for medical use.

The ruling by a U.S. appeals court in San Francisco found the two women had demonstrated a strong likelihood of success on their claim that the federal law, as applied to them, is an unconstitutional use of Congress's power to regulate commerce among the states.

"The cultivation, possession and use of marijuana for medicinal purposes and not for exchange or distribution is not properly characterized as commercial or economic activity," the appeals court said.

It said marijuana used for medical purposes was different from drug trafficking.

The lawsuit had been brought in 2002 by Angel Raich, who has an inoperable brain tumor and other medical problems, and Diane Monson, who suffers from severe back pain. Their doctors recommended they use marijuana to relieve their pain.

Monson cultivates her own marijuana while two of Raich's caregivers grow the marijuana and provide it to her free of charge. In 2002, Drug Enforcement Administration agents destroyed six cannabis plants seized from Monson's home.

Their lawsuit against Attorney General John Ashcroft and the head of the Drug Enforcement Administration sought a court order barring the government from enforcing the federal drug law, as applied to their conduct.

A federal judge denied their request, but the appeals court overturned the ruling.

Solicitor General Theodore Olson of the Justice Department appealed to the Supreme Court.

He said the appeals court ruling has partially invalidated an act of Congress and "substantially undermines" the government's enforcement of the federal drug law.

California and at least seven other states -- Alaska, Colorado, Hawaii, Maine, Nevada, Oregon and Washington -- have laws allowing medical use of marijuana, Olson said.

Another seven states -- Connecticut, Florida, Missouri, New York, Rhode Island, Vermont and Utah -- are considering adopting their own medical marijuana laws, he said.

He said federal law should take precedence over state law in the case.

Attorneys for the two women urged the Supreme Court to reject the government's appeal. They said the case implicated "the fundamental right to alleviate unnecessary pain and agony and protect bodily integrity."

The justices will hear arguments and then rule in the case during their term that begins in October.

The Supreme Court last ruled on the issue in 2001 when it said California cannabis clubs may not distribute marijuana as a "medical necessity" for seriously ill patients.


--------------------
Just another spore in the wind.


Post Extras: Print Post  Remind Me! Notify Moderator
OfflineRandolph_Carter
НơĻ?ĢΉō

Registered: 06/14/00
Posts: 29,281
Loc: Shroomery B-list.
Last seen: 7 years, 7 days
Re: Supreme Court to Decide Medical Case [Re: Seuss]
    #2836194 - 06/28/04 01:35 PM (12 years, 10 months ago)

One thing about this case that i fail to understand is the involvement of federal agents. I mean, it's an intra-state issue....where does their jurisdiction arise from?

This is going to be a very interesting ruling.


--------------------
"..all those molecules thrashing their kinky little tails, hot for destiny and the street."  Gibson


Nuke baby seals for Jesus!

(This has been a +1 production.)


Post Extras: Print Post  Remind Me! Notify Moderator
OfflineSeussA
Error: divide byzero

Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 4 months, 17 days
Re: Supreme Court to Decide Medical Case [Re: Randolph_Carter]
    #2836216 - 06/28/04 01:44 PM (12 years, 10 months ago)

> where does their jurisdiction arise from?

Federal laws being violated... title 21, if I remember correctly. Still, a conflict between state and federal law... should be interesting to see which way this one lands.


--------------------
Just another spore in the wind.


Post Extras: Print Post  Remind Me! Notify Moderator
OfflineRoseM
Devil's Advocate
Female User Gallery

Registered: 09/24/03
Posts: 22,289
Loc: Mod not God Flag
Last seen: 14 days, 9 hours
Re: Supreme Court to Decide Medical Case [Re: Seuss]
    #2837247 - 06/28/04 08:21 PM (12 years, 10 months ago)

I think it will be 5-4 right down party lines... and guess who has the majority?


--------------------
Fiddlesticks.



Post Extras: Print Post  Remind Me! Notify Moderator
OfflineRedo
CTA

Registered: 04/13/04
Posts: 1,296
Last seen: 11 years, 9 months
Re: Supreme Court to Decide Medical Case [Re: Rose]
    #2838048 - 06/29/04 01:16 AM (12 years, 10 months ago)

I think there is a good chance one repub may sway for medical marijuana, I still may be very wrong though :blush:


Post Extras: Print Post  Remind Me! Notify Moderator
Jump to top. Pages: 1

Original Seeds Store Shop: Cannabis Seeds, Compare CBD, Medical Cannabis Seeds

Feedback and Administration >> Shroomery News Service

Similar ThreadsPosterViewsRepliesLast post
* Supreme Court Outlaws Medical Marijuana
( 1 2 all )
veggie 10,369 23 07/22/05 04:45 PM
by veggie
* Court upholds medical marijuana law [CA] veggie 777 0 07/31/08 11:38 PM
by veggie
* Amid State Flip-Flopping, Judge to Call Medical Marijuana Case [WA] veggie 887 2 09/12/08 02:44 AM
by Irieforester
* Judge issues advice with sentences in medical marijuana cases motamanM 1,007 2 05/31/06 09:01 PM
by EquilibriuM
* [CA] Two Modesto men found guilty in medical marijuana case veggie 4,615 18 01/05/11 06:52 AM
by Alan Rockefeller
* Medical Marijuana Case Against Feds Heads To Court veggie 957 2 04/05/05 11:46 PM
by biglo
* Court OKs medical marijuana market [CAN] veggie 1,415 8 10/29/08 12:32 AM
by Coaster
* Charges filed in Asotin County [WA] medical marijuana case fastfred 1,851 3 04/22/07 07:09 AM
by fastfred

Extra information
You cannot start new topics / You cannot reply to topics
HTML is disabled / BBCode is enabled
Moderator: motaman, karode13, Alan Rockefeller, naum, Mostly_Harmless
1,272 topic views. 3 members, 5 guests and 5 web crawlers are browsing this forum.
[ Toggle Favorite | Print Topic | Stats ]
Search this thread:
Vaposhop
Please support our sponsors.

Copyright 1997-2017 Mind Media. Some rights reserved.

Generated in 0.033 seconds spending 0.005 seconds on 16 queries.