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RAICH SUPREME COURT DECISION AND SIGNIFICANCE:From ASA's Hilary McQuie: 6/6/05 As you probably know, the Supreme Court decided in favor of Ashcroft, giving the feds power to arrest state-legal patients and cultivators. For details and text of decision, see below. from http://www.scotusblog.com/movabletype/ The opinions in No. 03-1454, Ashcroft v. Raich, can be found all in one place here. The Court reversed 6-3, per Justice Stevens. Justice Scalia was the sixth vote, writing a concurrence in the judgment. Justice O'Connor wrote the principal dissent, joined by the Chief Justice and Justice Thomas as to all but Part III. Justice Thomas wrote a separate dissent. Remember, this does not affect any of the state laws allowing for medical marijuana, and does NOT empower state and local police to arrest state-legal patients and caregivers. We had a lot to gain from this decision, but very little to lose. ATTORNEY GENERAL LOCKYER'S PRESS RELEASE 6/6/05:NEWS RELEASE Attorney General Bill Lockyer California Department of Justice www.ag.ca.gov FOR IMMEDIATE RELEASE Contact: Teresa Schilling June 6, 2005 05-041 (916) 324-5500 ATTORNEY GENERAL LOCKYER ISSUES STATEMENT ON US SUPREME COURT'S MEDICAL MARIJUANA RULING (SACRAMENTO) - Attorney General Bill Lockyer today issued the following statement on today's ruling by the U.S. Supreme Court in Gonzales v. Raich, which holds that federal laws prohibiting the use of medical marijuana remain in effect regardless of state laws that permit its use: "Today's ruling does not overturn California law permitting the use of medical marijuana, but it does uphold a federal regulatory scheme that contradicts the will of California voters and limits the right of states to provide appropriate medical care for its citizens. Although I am disappointed in the outcome of today's decision, legitimate medical marijuana patients in California must know that state and federal laws are no different today than they were yesterday. "Californians spoke overwhelmingly in favor of medical marijuana by passing Proposition 215, the Compassionate Use Initiative, and that law still stands in our state. Unfortunately, federal law continues to criminalize the use of physician-recommended marijuana medicine. This conflict between state and federal law means that seriously ill Californians will continue to run the risk of arrest and prosecution under federal law when they grow or use marijuana as medicine. "Today's ruling shows the vast philosophical difference between the federal government and Californians on the rights of patients to have access to the medicine they need to survive and lead healthier lives. Taking medicine on the recommendation of a doctor for a legitimate illness should not be a crime. "There is something very wrong with a federal law that treats medical marijuana the same as heroin. The United States Congress and the President have the power to reform and modernize federal law in order to bring relief to medical patients and still punish those who illegally traffic in substances. Patients, physicians and the public that support medicinal marijuana should tell their Congressional Representatives and Senators to take a fresh look at the federal laws that ban its use." OTHER GOOD NEWS 6/6/05 Live Vote:http://www.msnbc.msn.com/id/8118359/#survey Should the federal government prosecute medical marijuana users, now that it has been given the OK by the Supreme Court? * 70,000 responses Yes 10% No 88% I'm not sure 2% |
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