Justice Department Ask for Rehearing of Medical Marijuana Ruling

The Justice Department on Wednesday asked a federal appeals court to
reconsider a ruling that could allow seriously ill patients to use
marijuana without being prosecuted.

The 9th U.S. Circuit Court of Appeals last month told a federal judge to
rethink his order that closed down some Northern California medical
marijuana clubs, and consider an exemption for patients who face imminent
harm without the drug and have no effective legal alternative. Federal
prosecutors have repeatedly argued that Congress has declared pot to be
among the most dangerous controlled substances and without a medical
purpose invalidating the medical-necessity argument the court said should
be considered.

In its ruling last month, the appeals court said the government has offered
nothing to contradict ''evidence that cannabis is the only effective
treatment for a large group of seriously ill individuals.''

If the ruling stands, it would affect California and four other states in
the 9th Circuit Arizona, Oregon, Washington and Alaska that have laws
protecting medical marijuana users against state prosecution.