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2/23/01
The Supreme Court defense brief in the Oakland Cannabis Buyers' Cooperative
case, with amicus briefs from Attorney General Bill Lockyer, the California
Medical Association & National Pain Management Foundation, and the National
Organization for the Reform of Marijuana Laws and the National Association
of Criminal Defense Lawyers, is now available in the DRCNet Online Drug Policy
Library. Visit http://www.druglibrary.org/ocbc/
to check them out.
Dale Gieringer of California NORML has provided a summary of the Lockyer
brief:
(A) The Controlled Substances Act unduly interferes with the Ninth Amendment
ability of states to enact voter approved legislation.
i. The Ninth Amendment limits the power of Congress and the Federal Government
to enact legislation interfering with state sovereignty.
ii. The debate surrounding the right of seriously ill patients to use cannabis
is an issue best suited for resolution through the democratic process in
the states.
iii. States are entitled to create an exception for cannabis under the CSA
because of the traditional state interest in regulating for the health, safety
and welfare of citizens.
(B) Applying the CSA to prohibit the use of cannabis by seriously ill people
in California violates traditional notions of state sovereignty protected
by the Tenth Amendment.
-- END --
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Issue #174, 2/23/01
New Report Rakes Clinton on Imprisonment | The Coca-Go-Round: Peruvian Production Starts to Increase as Spraying Destroys Colombian Fields | Washington State Hardliners Pitch Kindler, Gentler Drug War in Bid to Preempt Deeper Reforms | New Mexico: Update on Gov. Johnson's Drug Reform Package | Feds vs. Bongs: Heads Up for Head Shops | Newsbrief: American Pilots in Firefight With Colombian Rebels | Marijuana Has Less Adverse Effect on Driving Than Alcohol, Tiredness, UK Study Says | Oakland Cannabis Buyers' Cooperative Legal Briefs Online | An Invitation to Help Repeal the Rockefeller Drug Laws | | Erratum: Three Strikes Clarification | The Reformer's Calendar | Editorial: The Peace Process
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