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.
The Associated Press and Star-Bulletin reporter Rod Thompson contributed to this report.