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US: Medical Marijuana: A growing movement tests fed's interference in state affairs

DPAlliance

DPAlliance eNewsletter

Thursday 22 Jan 2004

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A recent round of favorable court rulings on medical marijuana, in which
judges sided with the states, is contributing to the growing canyon between
state and federal medical marijuana laws. Just last week a Colorado county
judge cited nine members of a federal task force, including a Drug
Enforcement Administration (DEA) agent, for contempt when they refused his
order to return cannabis and equipment they had confiscated from medical
marijuana patient Don Nord. Nord - who suffers from cancer, diabetes, and
chronic pain - and nearly 300 other Coloradoans have registered to legally
posses and use medical marijuana. Nord's patient registration, however, did
nothing to stop the task force from entering his home and seizing his medicine.

Recent federal court rulings have also set precedents in the medical
marijuana face-off. In October, the U.S. Supreme Court decided not to
review a lower court's decision upholding a doctor's right to recommend
medical marijuana to patients, prohibiting the federal government from
pursuing a policy of threatening physicians who recommend or even discuss
medical marijuana use with their patients. Last month a federal court ruled
that it was unconstitutional for federal drug agents to prosecute medical
marijuana patients in states with laws that allow the practice, affirming
the right of seriously ill patients to grow and use marijuana with a
doctor's recommendation.

With this building momentum even more states and cities are looking to
enact laws that permit the medical use of marijuana. A number of
initiatives will appear on voter ballots in 2004, including marijuana
legalization in Alaska and a medical marijuana law in Detroit, Michigan.
Medical marijuana activists in Portland, Oregon - where marijuana is
decriminalized under state law - have already collected 50,000 signatures
to add a city ballot measure that would further liberalize the law.

Yet California continues to receive the brunt of federal wrath over state
marijuana laws. The medical marijuana confrontation between California and
the U.S. government took a dramatic turn last week when two medical
marijuana patients were arrested on federal charges as they were seeking to
dismiss state charges of marijuana cultivation and distribution - under the
Compassionate Use Act of 1996 medical marijuana is legal in California.
Federal agents seized the two from a California state courtroom after the
local prosecutor lured the couple's defense counsel into the judge's
chambers by moving to dismiss the state charges. The couple now face
federal charges mandating minimum sentences of 10 years to life in prison.

"A federal court of appeals has already said the government is violating
the Constitution when they arrest patients," said Steph Sherer, Executive
Director of the national medical marijuana coalition Americans for Safe
Access. "And now state officials are giving patients to the feds and
tricking attorneys to separate them from their clients. How many rights
have to be trampled before we fix this?"

Last year the Drug Policy Alliance represented Californian medical
marijuana patients as they sought to sue the government. We also encouraged
a medical marijuana debate on the floor of the House, developed and
distributed educational materials on medical marijuana for doctors and
patients, supported marijuana initiatives in several states, and more. The
Alliance will continue to push for reforms at the state and federal levels
and publicize the federal government's biases and injustices over marijuana
- the most widely supported drug policy reform issue.

For more on this story, see:
http://actioncenter.drugpolicy.org/ctt.asp?u=6894&l=15465



 

 

 

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