Jennifer Squires - Sentinel Staff Writer Article Launched: 08/22/2008 01:31:44 AM PDT
A federal court ruling handed down Wednesday has lifted the hopes of medical marijuana users by denying a Bush administration request to toss a lawsuit brought by Santa Cruz city and county officials and Wo/ Men's Alliance for Medical Marijuana members.
WAMM co-founder Valerie Corral called the ruling "hopeful." WAMM had its medical marijuana seized by federal agents in a 2002 raid.
"Our lawsuit is really much more of an appeal than a lawsuit. It's an appeal for mercy from the federal government," Corral said. "We're not asking to break the law. We're asking to have another avenue for relief."
The plaintiffs in the case contend that the federal government is deliberately interfering with how the state makes the distinction between legal and illegal marijuana use: the recommendation of a state- licensed physician to recommend medical marijuana to a sick patient. The plaintiffs say the federal government is seeking to disrupt California's medical marijuana law by targeting doctors who approve their patients' medical marijuana use and local governments that issue state-approved medical pot cards, among other things. That, the plaintiffs say, interferes with California's Constitutional right to make its own laws.
U.S. District Court Judge Jeremy Fogel ruled Wednesday that that portion of the case can go forward because if the plaintiffs prove their claims "they may be able to show that the federal government deliberately is seeking to frustrate the state's ability to determine whether an individual's use of marijuana is permissible under California law."
"The federal government can enforce its own laws but it can't tell the states what laws they can enact," said Graham Boyd, an American Civil Liberties Union attorney representing WAMM. "If they can't do that, they also can't use their law enforcement to sabotage the state laws they don't like."
California voters in 1996 approved Proposition 215, which gave ill people with a doctor's recommendation the right to use marijuana as a medication. In the years since, federal drug agents have targeted medicinal marijuana dispensaries and the doctors who prescribe marijuana.
"Those steps all make it impossible for California and its government to enforce state laws," Boyd said.
Past lawsuits filed against the federal government have reached the Supreme Court, but all have failed.
Boyd called this case "novel," explaining that the core claim by the plaintiffs is that it's chosen to make marijuana illegal for everyone except for patients and that it has set up mechanisms to distinguish the two, such as requiring a prescription from a doctor.
"It's an unusual legal claim," Boyd said.
He said he expects the federal government will appeal the ruling, but that it could also lead to a change in federal drug enforcement efforts.
Jennifer Squires - Sentinel Staff Writer Article Launched: 08/22/2008 01:31:44 AM PDT
A federal court ruling handed down Wednesday has lifted the hopes of medical marijuana users by denying a Bush administration request to toss a lawsuit brought by Santa Cruz city and county officials and Wo/ Men's Alliance for Medical Marijuana members.
The whole thing is a sick farce anyway. There must be a billion people who use pot around the world (42% of New Zealander's just for one example) and it's never done anyone any harm - despite the desperate efforts of the brewing and distilling industries to prove otherwise for nigh on 70 years now.
It's a wonder drug right up there with Aspirin (only much much less dangerous) and these tossers perpetuate this exercise in futility trying to eradicate it. The only difference it being illegal in some countries makes is to earn billions of dollars for various criminal mafiosi around the world and to keep the price up.
> Jennifer Squires - Sentinel Staff Writer > Article Launched: 08/22/2008 01:31:44 AM PDT
> A federal court ruling handed down Wednesday has lifted the hopes of > medical marijuana users by denying a Bush administration request to > toss a lawsuit brought by Santa Cruz city and county officials and Wo/ > Men's Alliance for Medical Marijuana members.
> The whole thing is a sick farce anyway. > There must be a billion people who use pot around the world (42% of New > Zealander's just for one example) and it's never done anyone any harm -
Well, now, that's an exaggeration. I believe bronchitis is an established harm of pot smoking.
> despite the desperate efforts of the brewing and distilling industries to > prove otherwise for nigh on 70 years now.
Pot has certainly done less harm than alcohol.
> It's a wonder drug right up there with Aspirin (only much much less > dangerous) and these tossers perpetuate this exercise in futility trying to > eradicate it. The only difference it being illegal in some countries makes > is to earn billions of dollars for various criminal mafiosi around the world > and to keep the price up.
One does wonder why some are so eager to inflate criminal profits.
> On Aug 22, 10:12 am, "Adam Whyte-Settlar" <ador@ble> wrote: >> "M_P" <m...@rocketmail.com> wrote in message > news:faef6988- > a50e-4dc5-82b9-84cd64687...@e39g2000hsf.googlegroups.com...http:// > www.santacruzsentinel.com/localnews/ci_10273502
>> Jennifer Squires - Sentinel Staff Writer >> Article Launched: 08/22/2008 01:31:44 AM PDT
>> A federal court ruling handed down Wednesday has lifted the hopes of >> medical marijuana users by denying a Bush administration request to >> toss a lawsuit brought by Santa Cruz city and county officials and Wo/ >> Men's Alliance for Medical Marijuana members.
>> The whole thing is a sick farce anyway. >> There must be a billion people who use pot around the world (42% of New >> Zealander's just for one example) and it's never done anyone any harm -
> Well, now, that's an exaggeration. I believe bronchitis is an > established harm of pot smoking.
then you believe incorrectly... vapourisers completely eliminate the toxic effects of burning...
>> despite the desperate efforts of the brewing and distilling industries to >> prove otherwise for nigh on 70 years now.
> Pot has certainly done less harm than alcohol.
>> It's a wonder drug right up there with Aspirin (only much much less >> dangerous) and these tossers perpetuate this exercise in futility trying >> to >> eradicate it. The only difference it being illegal in some countries >> makes >> is to earn billions of dollars for various criminal mafiosi around the >> world >> and to keep the price up.
> One does wonder why some are so eager to inflate criminal profits.
> On Aug 22, 10:12 am, "Adam Whyte-Settlar" <ador@ble> wrote: >> "M_P" <m...@rocketmail.com> wrote in message > news:faef6988- > a50e-4dc5-82b9-84cd64687...@e39g2000hsf.googlegroups.com...http:// > www.santacruzsentinel.com/localnews/ci_10273502
>> Jennifer Squires - Sentinel Staff Writer >> Article Launched: 08/22/2008 01:31:44 AM PDT
>> A federal court ruling handed down Wednesday has lifted the hopes of >> medical marijuana users by denying a Bush administration request to >> toss a lawsuit brought by Santa Cruz city and county officials and Wo/ >> Men's Alliance for Medical Marijuana members.
>> The whole thing is a sick farce anyway. >> There must be a billion people who use pot around the world (42% of New >> Zealander's just for one example) and it's never done anyone any harm -
> Well, now, that's an exaggeration. I believe bronchitis is an > established harm of pot smoking.
So when will we see you fighting to criminalize tobacco?
> > On Aug 22, 10:12 am, "Adam Whyte-Settlar" <ador@ble> wrote: > >> "M_P" <m...@rocketmail.com> wrote in message > > news:faef6988- > > a50e-4dc5-82b9-84cd64687...@e39g2000hsf.googlegroups.com...http:// > >www.santacruzsentinel.com/localnews/ci_10273502 > >> Jennifer Squires - Sentinel Staff Writer > >> Article Launched: 08/22/2008 01:31:44 AM PDT
> >> A federal court ruling handed down Wednesday has lifted the hopes of > >> medical marijuana users by denying a Bush administration request to > >> toss a lawsuit brought by Santa Cruz city and county officials and Wo/ > >> Men's Alliance for Medical Marijuana members.
> >> The whole thing is a sick farce anyway. > >> There must be a billion people who use pot around the world (42% of New > >> Zealander's just for one example) and it's never done anyone any harm -
> > Well, now, that's an exaggeration. I believe bronchitis is an > > established harm of pot smoking.
> then you believe incorrectly... vapourisers completely eliminate the toxic > effects of burning...
I'm not sure that using a vaporizer qualifies as "smoking" ... but to avoid a semantic squabble, I'll rephrase: I believe bronchitis is an established harm of pot smoking via burning.
> > On Aug 22, 10:12 am, "Adam Whyte-Settlar" <ador@ble> wrote: > >> "M_P" <m...@rocketmail.com> wrote in message > > news:faef6988- > > a50e-4dc5-82b9-84cd64687...@e39g2000hsf.googlegroups.com...http:// > >www.santacruzsentinel.com/localnews/ci_10273502
> >> Jennifer Squires - Sentinel Staff Writer > >> Article Launched: 08/22/2008 01:31:44 AM PDT
> >> A federal court ruling handed down Wednesday has lifted the hopes of > >> medical marijuana users by denying a Bush administration request to > >> toss a lawsuit brought by Santa Cruz city and county officials and Wo/ > >> Men's Alliance for Medical Marijuana members.
> >> The whole thing is a sick farce anyway. > >> There must be a billion people who use pot around the world (42% of New > >> Zealander's just for one example) and it's never done anyone any harm -
> > Well, now, that's an exaggeration. I believe bronchitis is an > > established harm of pot smoking.
> So when will we see you fighting to criminalize tobacco?
You won't ... I hold that harms people inflict on themselves are none of government's business.
>> >> Jennifer Squires - Sentinel Staff Writer >> >> Article Launched: 08/22/2008 01:31:44 AM PDT
>> >> A federal court ruling handed down Wednesday has lifted the hopes of >> >> medical marijuana users by denying a Bush administration request to >> >> toss a lawsuit brought by Santa Cruz city and county officials and Wo/ >> >> Men's Alliance for Medical Marijuana members.
>> >> The whole thing is a sick farce anyway. >> >> There must be a billion people who use pot around the world (42% of >> >> New >> >> Zealander's just for one example) and it's never done anyone any >> >> harm -
>> > Well, now, that's an exaggeration. I believe bronchitis is an >> > established harm of pot smoking.
>> then you believe incorrectly... vapourisers completely eliminate the >> toxic >> effects of burning...
> I'm not sure that using a vaporizer qualifies as "smoking" ... but to > avoid a semantic squabble, I'll rephrase: I believe bronchitis is an > established harm of pot smoking via burning.
the same could be said of smoking banana peels via burning.... ;-)
In article <i4GdnQ9LpZHASjPVnZ2dneKdnZydn...@westnet.com.au> "Adam Whyte-Settlar" <ador@ble> writes: >The whole thing is a sick farce anyway. >There must be a billion people who use pot around the world (42% of New >Zealander's just for one example) and it's never done anyone any harm -
I disagree that cannabis has "never done anyone any harm". Just like any substance that is taken into the body, some people's bodies will react negatively.
Smoking cannabis does cause bronchitis. That is harm. Minor harm, when compared to what drinking alcohol or smoking tobacco or taking aspirin causes, but harm nonetheless. Also, there is some evidence that daily cannabis use by those with Hepatitis C can accelerate liver damage.
However, as far as can be established, use of marijuana has never directly caused anyone to die. That is totally counter to almost any other substance, including "safe" substances like aspirin or even water (which can cause "water intoxication" and even death if over-consumed).
Also, even though it would seem that smoke in the lungs should cause cancer, cannabis-only smokers don't get cancer at higher rates than non-smokers.
>despite the desperate efforts of the brewing and distilling industries to >prove otherwise for nigh on 70 years now. >It's a wonder drug right up there with Aspirin (only much much less >dangerous) and these tossers perpetuate this exercise in futility trying to >eradicate it. The only difference it being illegal in some countries makes >is to earn billions of dollars for various criminal mafiosi around the world >and to keep the price up.
Exactly. Cannabis should be as legal as any current OTC medication. It should be at *least* as legal as beer or cigarettes.
"I make no bones about my personal view that the best course of action for us to take is exactly the same course of action we took after Prohibition, and that is decriminalization." -Federal Judge Vaughn R. Walker, 1 Mar 1994 (Walker was nominated by President Reagan)
> >> >> A federal court ruling handed down Wednesday has lifted the hopes of > >> >> medical marijuana users by denying a Bush administration request to > >> >> toss a lawsuit brought by Santa Cruz city and county officials and Wo/ > >> >> Men's Alliance for Medical Marijuana members.
> >> >> The whole thing is a sick farce anyway. > >> >> There must be a billion people who use pot around the world (42% of > >> >> New > >> >> Zealander's just for one example) and it's never done anyone any > >> >> harm -
> >> > Well, now, that's an exaggeration. I believe bronchitis is an > >> > established harm of pot smoking.
> >> then you believe incorrectly... vapourisers completely eliminate the > >> toxic > >> effects of burning...
> > I'm not sure that using a vaporizer qualifies as "smoking" ... but to > > avoid a semantic squabble, I'll rephrase: I believe bronchitis is an > > established harm of pot smoking via burning.
> the same could be said of smoking banana peels via burning.... ;-)
Yes, and if I ever see a post saying smoking banana peels via burning has "never done anyone any harm" I'll bring that to the poster's attention.
