Pubdate: Fri, 20 Apr 2001
Source: Source: The Malibu Times (CA)
Copyright: 2001 The Malibu Times
Contact:  http://www.malibutimes.com/
Address: 3864 Las Flores Canyon Road, Malibu, CA 90265
Fax: (310) 456-8986
Author: Robert Kampia
Bookmark: http://www.mapinc.org/ocbc.htm
(Oakland Cannabis Buyers' Cooperative)

MEDICAL "USERS' PROTECTED

On March 28, the U.S. Supreme Court heard oral argument in a case 
addressing whether medical marijuana distributors may offer a "medical 
necessity" defense in federal court. The Court's ruling in U.S. v. Oakland 
Cannabis Buyers' Cooperative cannot overturn California's medical marijuana 
law.

In the case, the U.S. Department of Justice is asking the Supreme Court to 
reverse the September 13, 1999 decision of the U.S. Ninth Circuit Court of 
Appeals, which permits entities to distribute marijuana if they can prove 
that their clients are seriously ill and have a legitimate medical need for 
the substance.

This case deals exclusively with federal law and is essentially limited to 
distribution issues: it does not question a state's ability to allow 
patients to grow, possess, and use medical marijuana under state law.

Nearly 99 percent of all marijuana arrests in the nation are made by state 
and local (not federal) officials. Thus, California's medical marijuana law 
effectively protects 99 out of every 100 medical marijuana users who 
otherwise would have been arrested and prosecuted - no matter what the 
Supreme Court rules in the Oakland case.

Robert Kampia,

Executive Director

Marijuana Policy Project, Washington, D.C.
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MAP posted-by: Terry Liittschwager