U.S. court rules against medical marijuana

March 14, 2007

The 9th U.S. Circuit Court of Appeals ruled Wednesday that an individual's right to medical marijuana does not supersede the Controlled Substances Act.

Presiding over the San Francisco court, U.S. Circuit Court of Appeals Judge Harry Pregerson voted against plaintiff Angel Raich's claim on Wednesday, saying a medical need does not allow an individual to violate the law, the Oakland (Calif.) Tribune said.

"Nothing in the common law or our cases suggests that the existence of a necessity defense empowers this court to enjoin the enforcement of the Controlled Substances Act as to one defendant," he said.

The legal case began in October 2002 when Raich and Diane Monson attempted to safeguard their medical marijuana use by suing the government.

Raich's attorney told the paper that the case may soon be headed to the U.S. Supreme Court, where they would ask for a review of the appeal court's decision.

Copyright 2007 by United Press International

Explore further: Worldwide interest as Canada drug program in court

Related Stories

Conservative county OKs medical pot

July 18, 2007

Conservative Orange County, Calif., will license the use of medical marijuana and issue ID cards to patients entitled to use it.

Police look for mom, son who fled to avoid chemo

May 20, 2009

(AP) -- A courtroom clash between medicine and faith took a criminal turn, with police around the country on the lookout Wednesday for a Minnesota mother who fled with her cancer-stricken 13-year-old son rather than consent ...

Colo. scrub tech hears charges in hepatitis C case

July 7, 2009

(AP) -- A Denver hospital said Monday it has asked every patient who had surgery there over a six-month period to come in for a blood test amid allegations that a former technician exposed up to 6,000 people to hepatitis ...

Expanding drug treatment: Is US ready to step up?

November 8, 2009

(AP) -- Based on the rhetoric, America's war on drugs seems poised to shift into a more enlightened phase where treatment of addicts gains favor over imprisonment of low-level offenders. Questions abound, however, about ...

NY hospital warns of possible hepatitis exposures

July 16, 2009

(AP) -- A hospital in New York state is notifying about 2,800 patients of possible exposure to hepatitis C after learning that a former employee is suspected of exposing nearly 6,000 patients in Colorado to the disease.

Recommended for you

How the finch changes its tune

August 3, 2015

Like top musicians, songbirds train from a young age to weed out errors and trim variability from their songs, ultimately becoming consistent and reliable performers. But as with human musicians, even the best are not machines. ...

Machine Translates Thoughts into Speech in Real Time

December 21, 2009

(PhysOrg.com) -- By implanting an electrode into the brain of a person with locked-in syndrome, scientists have demonstrated how to wirelessly transmit neural signals to a speech synthesizer. The "thought-to-speech" process ...


Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.