Appeals Court Cancels Medical Marijuana Case

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Appeals Court Cancels Medical Marijuana Case

By Colin Fogarty

PORTLAND, OR 2005-09-13 - The Ninth U.S. Circuit Court of Appeals cancelled
oral arguments Tuesday in an Oregon medical marijuana case.

The lawsuit was filed by LeRoy Stubblefield of Sweet Home. In 2002, federal
drug agents seized marijuana plants that he was growing under Oregon's 1998
medical marijuana law. In a separate case, the U-S Supreme Court in June
sided with the federal government's efforts to crack down on medical
marijuana in California.

Paul Stanford, with the Portland-based Hemp and Cannabis Foundation, says
the California decision may be why the appeals court cancelled oral
arguments in the Oregon case.

Paul Stanford: Well, generally, it does not bode well for the litigant,
that being us in this case. So I don't know if they're going to write a
ruling unanimously in our favor or unanimously in the governments favor.
But I think the odds are definitely in the government's court at this point.

In the California case, the U.S. Supreme Court said the Drug Enforcement
Agency has the authority to prosecute marijuana users under federal law,
even if states allow the use of pot to treat medical ailments.

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