MEDICAL MARIJUANA USERS EXEMPT FROM FEDERAL LAW

A federal appeals court has ruled that a congressional act outlawing
marijuana may not apply to sick people who have a doctor's recommendation
in states that have approved medical marijuana laws.

The 9th U.S. Circuit Court of Appeals ruled 2-1 Tuesday that prosecuting
these medical marijuana users under a 1970 federal law is unconstitutional
if the marijuana is not sold, transported across state lines or used for
nonmedicinal purposes.

The intrastate, noncommercial cultivation, possession and use of marijuana
for personal medical purposes on the advice of a physician is, in fact,
different in kind from drug trafficking, Judge Harry Pregerson wrote for
the majority.

The court added that this limited use is clearly distinct from the broader
illicit drug market, as well as any broader commercial market for medical
marijuana, insofar as the medical marijuana at issue in this case is not
intended for, nor does it enter, the stream of commerce.

Hawaii County Police Capt. Samuel Thomas noted that the ruling applies to
federal law.

Although Hawaii has a state law that permits medical marijuana use,
registered medical users must still remain within the confines of that law,
which limits users to possessing three mature plants and four immature
plants at any time, plus one ounce of processed marijuana per mature plant.
Any more than the total, and registered users are subject to arrest, Thomas
said.

The Rev. Dennis Shields, of Kona, an advocate of religious and medical use
of marijuana, responded to the 9th Circuit ruling with the words of Martin
Luther King Jr., Free at last, free at last.

The court is finally recognizing that medical marijuana is different from
drug trafficking, Shields said.

But the state law still poses problems, Shields said. It promises medical
users an adequate supply, yet the limitation to seven plants, which are not
available during the nongrowing season, means patients often do not have an
adequate supply, he said.

The 9th Circuit decision was a blow to the Justice Department, which argued
that medical marijuana laws in nine states, including Hawaii, were trumped
by the Controlled Substances Act, which outlawed marijuana, heroin and a
host of other drugs nationwide.

The case concerned two seriously ill California women who sued Attorney
General John Ashcroft. They asked for a court order letting them smoke,
grow or obtain marijuana without fear of federal prosecution.

In addition to Hawaii, Alaska, Arizona, Colorado, Maine, Nevada, Oregon and
Washington state have laws similar to California, which has been the focus
of federal drug interdiction efforts. The appeals court does not have
jurisdiction over Colorado and Maine. The case is Raich vs. Ashcroft, 03-15481.