Pubdate: Fri, 19 Jul 2002
Source: Lexington Herald-Leader (KY)
Copyright: 2002 Lexington Herald-Leader
Contact:  http://www.kentucky.com/mld/heraldleader/
Details: http://www.mapinc.org/media/240
Author: Maura Dolan, Los Angeles Times
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

CALIF. MEDICAL MARIJUANA LAW UPHELD

SAN FRANCISCO - Ailing Californians who use or grow marijuana with a 
physician's approval are protected by state law from prosecution, the 
California Supreme Court decided unanimously yesterday.

In its first review of a 1996 medical marijuana initiative, the court said 
medical users who are arrested may have the charges dismissed without a 
trial if a doctor has approved use of the drug.

The ruling overturns the felony conviction of a blind diabetic who was 
arrested after police spotted 31 marijuana plants growing in the frontyard 
of his home in Twain Harte in Tuo-lumne County.

"The possession and cultivation of marijuana is no more criminal -- so long 
as its conditions are satisfied -- than the possession and acquisition of 
any prescription drug with a physician's prescription," Chief Justice 
Ronald M. George wrote for the court.

Until yesterday, all major rulings on Proposition 215, the state's medical 
marijuana law, have been made by federal courts and based on federal law. 
The U.S. Supreme Court, in a case on the California initiative, ruled that 
there is no medical exception for the use of marijuana under federal law.

But individual users and growers in California generally are prosecuted in 
state courts, which are required to follow yesterday's ruling.

Gerald Uelmen, a University of Santa Clara law professor who argued the 
case for defendant Myron Carlyle Mower, said the decision will reduce 
prosecutions throughout the state.

Since 56 percent of voters approved Proposition 215, dozens of Californians 
have been arrested on marijuana charges despite claims of medical need, he 
said.

"It is a wonderful victory for patients," Uelmen said.

California is one of nine states with medical marijuana laws. The decision 
was the first by a state Supreme Court on such a law, Uelmen said.
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MAP posted-by: Terry Liittschwager