WEED WIN

9th Circuit Court Rules In Favor Of Local Medpot User

Medical marijuana advocates scored a major court victory against the
federal government Tuesday, as a panel of three judges in the 9th
Circuit Court of Appeals ruled in favor of an Oroville woman whose
marijuana garden was raided by the Drug Enforcement Agency in August
of 2002.

Diane Monson, who made headlines when agents from the federal DEA
ripped up her six-plant garden, said she was happy and relieved the
court battle was over.

"I'm very excited. This is a big victory for states' rights," she
said.

When asked how it felt to beat John Ashcroft in court, an ebullient
Monson chuckled, replying, "I think this current administration is
gathering more power than any in history, and I feel like this is at
least a tiny stop to their steamrolling over civil rights in this country."

Monson, who inhales vaporized cannabis to cope with a painful and
degenerative back condition, was joined in her suit by fellow medpot
user Angel McClary Raich, for whom the suit (Raich v. John Ashcroft)
is named. Lawyers retained by the Marijuana Policy Project (MPP) and
California NORML, two organizations that lobby for the regulated
legalization of marijuana, helped win the suit.

The case centered on an incident that occurred when a group of DEA
agents, who were working with Butte County sheriff's deputies on an
unrelated cultivation case, stumbled onto Monson's garden and decided
to take it out, over the objections of Monson, the deputies and Butte
County District Attorney Mike Ramsey.

The action spurred a turf war between Ramsey and the local DEA, which
ended with Ramsey cutting back on joint operations with the agency.
But it also sparked a lawsuit that, with this recent ruling, could set
a national precedent for the nine states that have legalized marijuana
for medicinal use.

California was the first state to legalize medical marijuana when it
passed Prop. 215, the so-called Compassionate Use Act, in 1996. Since
then, state and federal law have been at odds, with the feds taking
the position that, under the Controlled Substances Act, even small
amounts of marijuana are illegal to possess, grow or sell. Since Prop.
215 set no limits on possession or cultivation, counties were forced
to draw up their own guidelines for medical users. In Butte County,
patients are able to possess six plants and a pound of cured pot,
which put Monson's garden within legal limits.

Monson's winning court argument basically stated that the federal
government has no right to contradict state law, except in cases where
interstate commerce is affected. Ramsey, who filed an amicus brief on
Monson's behalf, agreed.

"Having marijuana for personal, medical use does not affect interstate
commerce," he said. "From a Bill of Rights, 10th Amendment standpoint,
it's very important."

Ramsey said he opposes legalizing marijuana but is sworn to uphold
state law. When asked how he felt about being on the same side as MPP
and NORML, which are working toward legalization, Ramsey said, "I'm
always up for irony."

It is unclear at this point what recourse the Justice Department will
take. Federal lawyers in the case have reportedly said they will
appeal to the U.S. Supreme Court, but if the top court refuses to hear
the case, the 9th Circuit decision could set a legal precedent,
upholding the rights of states to allow medical marijuana. A recent
case, in which the government had threatened to strip
cannabis-prescribing doctors of their right to prescribe any drugs,
was recently refused by the top court, leaving the doctors' 9th
Circuit win intact.

Bruce Mirken, a spokesman for MPP, said it wasn't clear yet how the
ruling would affect marijuana law. But he noted that none of the
courts involved in the decision had questioned the medical use of cannabis.

"Every court that has looked at this has acknowledged that these women
had a medical need for marijuana. Even the federal government didn't
dispute that," he said. "So, putting all the legalities aside, why are
they trying to hurt these women? What does it prove?"

Monson, for her part, said she hopes the government will let the
recent ruling stand.

"I do not want to go before the Supreme Court," she said. "It's just
very good that justice and compassion came out on top."