The 9th Circuit U.S. Court of Appeals on Monday denied the federal government’s request for an emergency order to stop the Oakland Cannabis Buyers’ Cooperative from distributing marijuana to patients who qualify as having a “medical necessity.” The federal government filed the emergency order staying a July 17th ruling by District Court Judge Charles Breyer.
The federal government countered Monday’s 9th Circuit ruling by filing an application to stay the decision with the U.S. Supreme Court.
The government previously filed a petition of certiorari asking the Supreme Court to review a September 19, 1999 decision of the 9th Circuit which allowed for the distribution of marijuana to patients who met the medical necessity defense.
“It is a travesty that the Clinton-Gore administration is trying to invoke the majesty and power of that august body, the highest court in the land, in an attempt to try to separate critically ill patients from a medicine they need,” said Robert Raich, Esq., attorney for the OCBC.
Raich said the OCBC is “complying fully and faithfully” with the amended injunction.
For more information, please contact Robert Raich, Esq., at (510) 338-0700.
