Fed Judge Orders Gov't to Let Two Use Medical Marijuana

Fed Judge Orders Gov't to Let Two Use Medical Marijuana

May 19, 2004


Two seriously ill California women, who have long been battling the federal government for the right to use medical marijuana as permitted under state law, now have the protection from arrest and harassment they have sought.

A landmark federal court victory, announced this week, for the first time prohibits the federal government from interfering in any way with marijuana use by specific patients, in this case Angel McClary Raich and Diane Monson. The case, Raich v. Ashcroft, is funded in part by the Drug Policy Alliance.

District Court Judge Martin J. Jenkins's injunction orders that no federal employee, or anyone acting on behalf of the federal government, may arrest, prosecute, seize, sanction, or otherwise penalize Raich or Monson "with respect to the intrastate, noncommercial cultivation, possession, use, and obtaining without charge of cannabis for personal medical purposes on the advice of a physician and in accordance with state law, and which is not used for distribution, sale or exchange..."

California's Proposition 215, a ballot initiative passed by state voters in 1996, exempts state residents who use medical marijuana with a valid recommendation from a doctor from criminal penalties.

In December 2003, California's 9th Circuit Court of Appeals, also a federal court, affirmed the right of seriously ill patients like Raich and Monson to grow and use marijuana with a doctor's recommendation.

That ruling was an unprecedented victory for patients, their caregivers and advocates that, together with Judge Jenkins's injunction, could further limit the cruel arrests of medical-marijuana patients by agents of the Drug Enforcement Administration.

"This injunction is another historic moment in the recent chain of victories for medical marijuana patients, protecting the rights not just of Raich and Monson, but of patients in the states in the 9th circuit with medical marijuana laws,” said Judith Appel, Acting Director of Legal Affairs for the Drug Policy Alliance. “The Courts are sending a clear message to the federal government that the law does not allow them to attack and harass these patients."

Bush administration efforts to have the 9th Circuit Court reconsider its decision in Raich v. Ashcroft failed, clearing the way for Judge Jenkins's injunction. The federal government has petitioned the U.S. Supreme Court to reconsider the 9th Circuit decision.

http://www.drugpolicy.org/news/05_19_04raich.cfm