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Indybay Feature
Fri Dec 19 2003
Patients Win Big in Ninth Circuit Decision
Ninth Circuit Decision
12/16/2003: Angel McClary Raich, her caregivers, and Diane Monson won in an historic Ninth Circuit court decision in their injunction against Ashcroft, the DEA Chief, and the Federal Gov 't. In a decision with far-reaching implications, a three-judge panel of the Ninth Circuit Court of Appeals sent the case of Raich v. Ashcroft (see pdf) back to
the district court for the issuing of an injunction against any further
arrests or prosecutions of medical marijuana patients and their providers.
The ruling declares that the Controlled Substances Act - the 1970 federal
law that makes marijuana illegal in all circumstances - is unconstitutional
as applied to medical marijuana because the federal ban relies on the
presence of interstate commerce to override state laws, such as California'
s, that expressly legalize medical use.
The judges said that personal medicinal use of marijuana on the advice of a physician, when it happens within one state and does not involve money changing hands, is conduct federal law cannot reach. The case under consideration involved the local production and consumption of marijuana in accordance with California state law.
Americans for Safe Access
The judges said that personal medicinal use of marijuana on the advice of a physician, when it happens within one state and does not involve money changing hands, is conduct federal law cannot reach. The case under consideration involved the local production and consumption of marijuana in accordance with California state law.
Americans for Safe Access
2024-04-24
From Coast to Coast, Students Set Up Encampments in Solidarity with Palestinians
Front Page
| Anti-War
| Education & Student Activism
| Central Valley
| East Bay
| Peninsula
| North Bay / Marin
| North Coast
| California
| U.S.
| International
| Palestine
| Santa Cruz Indymedia2024-04-09
Deal Described as One of the Most Significant Urban Land Back Victories in US History
Front Page
| Environment & Forest Defense
| Racial Justice
| East Bay2024-03-20
Victory! EFF Helps Indybay Resist San Francisco Police Warrant and Gag Order
Front Page
| Police State & Prisons
| Media Activism & Independent Media
| San Francisco2024-02-09
Catholic Anti-Choice Marchers Get an Earful from Abortion Rights Activists in San Francisco
Front Page
| Health, Housing & Public Services
| Womyn
| San Francisco
| South Bay
| U.S.2024-01-10
Wall of Shipping Containers Intended to Keep the Public Out of People's Park
Front Page
| Police State & Prisons
| Environment & Forest Defense
| Global Justice & Anti-Capitalism
| Education & Student Activism
| East Bay
| California2023-12-08
Largest Ever Pro-Palestine Marches in NorCal Demand End to US Aid for Israel's War on Gaza
Front Page
| Anti-War
| Central Valley
| San Francisco
| South Bay
| Peninsula
| U.S.
| International
| Palestine
| Santa Cruz Indymedia2023-10-31
Three Activists Detained at Climate Protest for Crossing Beale Air Force Base Gate
Front Page
| Environment & Forest Defense
| Anti-War
| Central Valley
| California
| U.S.2023-09-29
California Climate Justice Actions in Coordination with Massive New York City March
Front Page
| Environment & Forest Defense
| Central Valley
| California2023-08-19
Environmentalists Speak Out Against Airport Expansion as Climate Disasters Accelerate
Environment & Forest Defense
| East Bay2023-08-12
Starbucks Bus Tour Stops in San Francisco, Rallies with Allies to Support Unionization
Labor & Workers
| San Francisco
| Peninsula
| California
| U.S.2023-07-19
Halt to Fossil Fuel Funding Demanded as Wells Fargo Operations Shut Down
Environment & Forest Defense
| Global Justice & Anti-Capitalism
| San Francisco
| U.S.
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