Hey somebody seems to be listening!

[quote]Originally posted by renots Quote: To take the example of one consensual crime the federal government likes to prosecute to the full extent: use of cannabis by sick people. In California the federal government has ignored the will of the people of California, who overwhelmingly passed prop 215 and continues to threaten doctors who recommend or prescribe it with loss of their livlihood. Patients who have benefitted from this alternate treatment, are denied it callously if they fall under the gaze of our all beneficient, benign legal system. from sfgate Doctor Rights Backed Under Pot Law Federal judge stops threat to pull licenses Harriet Chiang Chronicle Legal Affairs Writer Friday, September 8, 2000 CALIFORNIA -- The Clinton administration suffered a defeat in its assault on California's medical marijuana law when a judge barred the federal government from punishing doctors who recommend the drug to their patients. U.S. District Judge William Alsup of San Francisco ruled yesterday that federal authorities cannot strip doctors of their license to prescribe medicine if the physicians advise their patients to use marijuana. The Clinton administration has fiercely attacked Proposition 215, the 1996 voter-approved initiative that allows marijuana to be prescribed for medicinal use. The government argues that marijuana is an illegal substance under federal drug laws[founded in racism]. Last month, in response to a White House request, the U.S. Supreme Court issued an emergency ruling temporarily preventing an Oakland medicinal marijuana club from opening for business. In his opinion yesterday, Alsup issued a permanent injunction against the federal government, suggesting that to allow it to punish doctors might violate the physicians' First Amendment rights. In California and seven other states with similar laws -- Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington -- ``recommending marijuana to treat certain debilitating illnesses is recognized as legitimate in medically appropriate circumstances,'' the judge wrote in his 24-page opinion. In some cases, Alsup said, ``it will be the professional opinion of doctors that marijuana is the best therapy or at least should be tried. ``If such recommendations could not be communicated,'' he concluded, ``then the physician-patient relationship would be seriously impaired.'' Alsup's decision follows a 1997 ruling by U.S. District Judge Fern Smith, who issued a preliminary injunction barring the federal government from taking action against the doctors. ``My hope is that this ruling effectively puts an end to the fear that physicians have been experiencing,'' said Graham Boyd, a lawyer with the American Civil Liberties Union, which represents a statewide class of doctors and patients suing the federal government. Gretchen Michael, spokeswoman for the Justice Department, said officials were not ready to comment on the opinion. ``We'll obviously review the decision and determine what we'll do next,'' she said. Proposition 215 allows patients to use marijuana if they have the recommendation of a doctor. But the Clinton administration has insisted[the jerks] that federal drug regulations take precedence over state laws. A month after voters approved the measure, the Clinton administration's drug czar, Barry McCaffrey[head moron], announced that doctors who recommend marijuana faced losing their federal license to prescribe drugs. He also suggested that they risk criminal prosecution and exclusion from Medicare and Medi-Cal. In January 1997, a group of doctors and patients filed a statewide class action, saying the federal government was violating its free speech rights. In his decision, Alsup said it wasn't clear that the federal drug agents intended to criminally prosecute the doctors or exclude them from Medicare and Medi-Cal. However, Boyd said, the decision ``puts the federal government on notice that if they do threaten doctors, they'll be back in court and they'll lose.'' ... score one for warping concensus reality :0) [Edited by renots on 09-08-2000 at 09:28 PM] __________________ I'm curious, How can a district Judge overturn a Supreme court ruling? Is this really an overruling, or just a butting heads between local and federal judiciary authority (interesting as it would be)? Does the fact that the Supreme Court's was a temporary "emergency" ruling have anything to do with it? How can the Supreme court [Clinton] respond (Dare I ask)? I'm sure this is not the end of this battle by any means. __________________ 'the Supreme Court issued an emergency ruling temporarily preventing an Oakland medicinal marijuana club from opening for business. In his opinion yesterday, Alsup issued a permanent injunction supreme court said lets wait sec and then it went back to SF federal court...where someone did the Right Thing :0) __________________ 2001 GOING TO BE THE PARTY YEAR!!!!!!!!!!!!!!!!!!!!! X50 for the 50 states and can't forget : for DC and puerto rico C08 :