- About About
Medical Patient Resources Becoming a State-Authorized Patient Talking to your doctor Which conditions qualify? The Medical Cannabis Patient’s Guide for U.S. Travel Patient's Guide to CBD Patient's Guide to Medical Cannabis Guide to Using Medical Cannabis Condition-based Booklets Growing Cannabis Cannabis Tincture, Salve, Butter and Oil Recipes Leaf411 Affordability Program Tracking Treatment & Gathering Data with Releaf App Medical Professional Resources CME for Medical Professionals Cannabis Safety Medical Cannabis Research
- Legal Legal
Advocacy ASA Chapters Start an ASA Chapter Take Action Campaigns No Patient Left Behind End Pain, Not Lives Vote Medical Marijuana Medical Cannabis Advocate's Training Center Resources for Tabling and Lobby Days Strategic Planning Civics 101 Strategic Messaging Citizen Lobbying Participating in Implementation Movement Building Organizing a Demonstration Organizing Turnout for Civic Meetings Public Speaking Media 101 Patient's History of Medical Cannabis
Policy Model Federal Legislation Download Ending The Federal Conflict Public Comments by ASA Industry Standards Guide to Regulating Industry Standards Recognizing Science using the Data Quality Act Fact Sheet on ASA's Data Quality Act Petition to HHS Data Quality Act Briefs ASA Data Quality Act petition to HHS Information on Lawyers and Named Patients in the Data Quality Act Lawsuit Reports 2020 State of the States Medical Cannabis Access for Pain Treatment Medical Cannabis in America
- News News
- Join Join
In a hearing with momentous implications for federal drug laws, four medical marijuana dispensaries challenging the constitutionality of federal laws prohibiting their operation will have their chance in front of a federal appeals court on Wednesday morning.
Attorneys for the Oakland Cannabis Buyers Cooperative, the Wo/Men’s Alliance for Medical Marijuana, the Marin Alliance for Medical Marijuana, and the Ukiah Cannabis Buyers Club all contend that the federal government exceeded its authority under the Constitution when it passed laws outlawing all uses of marijuana in 1970. Because of the similarities among the appeals, the Ninth Circuit Court of Appeals has combined all four into a single action, which will be argued and considered as one.
In question are several Constitutional issues, including the limits of the Commerce Clause, state sovereignty under the 10th Amendment, and the unenumerated fundamental rights set out in the 5th and 9th Amendments. Also at issue are alleged procedural and evidentiary errors on the part of Judge Charles Breyer in granting the permanent injunction that stopped legal operation of the marijuana dispensaries under California’s Compassionate Use Act of 1996.
The importance of this appeal can be seen in who has filed ‘friend of the court’ briefs arguing against the government’s position: the State of California, the City of Oakland, the County of Alameda and the California Medical Association.
WHAT: Combined appeal of the federal government’s injunctions preventing the dispensing of medial marijuana in California. Oral Arguments (30-minutes each side, one-hour total).
WHEN: Wednesday, September 17, 2003, 8:30 a.m.
WHERE: U.S. District Court, Northern Division, Courtroom One, Third Floor, 450 Golden Gate Ave. (between Polk and Larkin), San Francisco.
WHO: Appellants are Oakland Cannabis Buyers Cooperative, Wo/Men’s Alliance for Medical Marijuana, Marin Alliance for Medical Marijuana, and Ukiah Cannabis Buyers Club.
Judges hearing the appeal are Mary M. Schroeder (presiding), Stephen Reinhardt, and Barry G. Silverman.
Attorneys for motions and argument are Robert Raich of Oakland, Gerald Uelmen of Santa Clara University Law School, Randy Barnett of Boston University Law School, and Annette Carnegie and Heather Moser of Morrison & Foerester in San Francisco.
A national coalition of 5,500 patients, doctors and advocates, Americans for Safe Access is the leading organization devoted to medical marijuana.
For more information, contact William Dolphin: (510) 653-1016 or 919-1498.