Pubdate: Fri, 19 Dec 2003 Source: Australian, The (Australia) Copyright: 2003 News Limited Contact: http://www.theaustralian.com.au/ Details: http://www.mapinc.org/media/35 Bookmark: http://www.mapinc.org/people/angel+raich Bookmark: http://www.mapinc.org/ashcroft.htm (Ashcroft, John) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) WIN FOR MEDICAL USE OF MARIJUANA Proponents of medical marijuana won a landmark victory in the US yesterday when an appeals court ruled the US Government could not prosecute two women who used the drug for pain relief, nor could it prosecute their suppliers. "I'm ecstatic about what this decision will do, not only for me but for hundreds of thousands of patients across the country," said Angel McClary Raich, a medical marijuana patient who brought the successful lawsuit against US Attorney-General John Ashcroft. "Not too many people get to come up against someone who is as evil as John Ashcroft and win, and that feels very good." Ms Raich and supporters said the decision of the Ninth US Circuit Court of Appeals in San Francisco set an important precedent in the medical marijuana debate, which has put some liberal US states at loggerheads with Washington. For example, US prosecutors have long argued that California's 1996 law allowing the use of marijuana for medical purposes was superseded by federal laws that ban the use or cultivation of the drug for any purpose. But the appeals court panel ruled 2-1 that prosecuting medical marijuana users under federal law was unconstitutional if the marijuana was not sold or transported across state lines, or used for non-medicinal purposes. The ruling covers seven western states that have passed medical marijuana laws: Alaska, Arizona, California, Hawaii, Nevada, Oregon and Washington. The ruling was prompted by a lawsuit filed by Ms Raich, fellow patient Diane Monson and two marijuana growers that said Mr Ashcroft and US Drug Enforcement Agency administrator Karen Tandy had exceeded their authority by embarking on a campaign of seizing privately grown medical cannabis from California patients and caregivers. If the case is not appealed, it will be returned to a district court, which will issue an injunction protecting Ms Raich and Ms Monson from arrest by federal agents. But legal analysts said an appeal was likely and that rulings of the liberal Ninth Circuit Court of Appeals were frequently overturned by the US Supreme Court. The two women argued that their use of marijuana constituted a medical necessity. - --- MAP posted-by: Larry Seguin