Judge tells feds to back off from medical pot group - yeah!

[donsu]

I saw this at www.bartcop.com

http://www.signonsandiego.com/news/state/20040422-0015-ca-medicalmarijuana.html

The federal government must stay away from a California medical marijuana group that grows and distributes cannabis for its sick members, a judge ruled.
Advertisement

The decision Wednesday from U.S. District Judge Jeremy Fogel in San Jose was the first interpretation of a federal appeals court decision here last year that ordered the federal government not to prosecute a sick Oakland woman who smoked marijuana with a doctor's recommendation under a 1996 California medical marijuana law.

-snip-

The San Francisco-based appellate court, ruling 2-1, wrote that prosecuting these medical marijuana users under a 1970 federal law is unconstitutional if the marijuana isn't sold, transported across state lines or used for non-medicinal purposes.

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

The Controlled Substances Act, as applied to the Santa Cruz cooperative, Fogel wrote, "is an unconstitutional exercise" of federal intervention.
-snip-
-----------------------------

a golden gaval to Judge Fogel

yes, let maryjane help