The U.S. Supreme Court has agreed to review a decision from the 9th Circuit Court of Appeals which may determine the viability of the “medical necessity” defense under federal law. A decision is expected later in this term of the court.
The case began in January 1998 when the federal government filed a civil lawsuit seeking to enjoin several northern California patients’ cooperatives from providing marijuana to seriously ill patients who qualify for the medical use of marijuana under state law. District Court Judge Charles Breyer initially issued the injunction to close the cooperatives.
In September 1999, in an appeal brought by the Oakland Cannabis Buyers’ Cooperative, the 9th Circuit U.S. Court of Appeals ruled that Judge Breyer should consider a modification to his injunction, to permit the cooperatives to distribute marijuana to those patients who qualify for a “medical necessity” defense, and outlined the criteria for patients to qualify. This past July, Breyer modified the injunction to permit the cooperatives to provide marijuana to patients who qualify for the medical necessity defense.
The U.S. Department of Justice then requested an emergency order to stay the July ruling by Judge Breyer. The emergency order was denied by the 9th Circuit, but in August, the U.S. Supreme Court voted 7-1 to prohibit cannabis distribution by the OCBC while the case is on appeal.
In requesting that the Supreme Court accept this appeal, the Justice Department argued that the common law defense of medical necessity had been eliminated for marijuana when Congress placed marijuana in Schedule I of the federal Controlled Substances Act of 1970, a schedule defined in the statute for drugs with no accepted medical use.
“We have faith, when the Supreme Court considers this case on the merits, that it will consider the needs of the patients who are suffering,” said Jeff Jones, executive director of the OCBC.
“This is an opportunity for the High Court to clarify federal law regarding the medical necessity defense,” said NORML Executive Director Keith Stroup. “We are hopeful the court will confirm that the 9th Circuit ruling is in fact the law of the land. Surely federal law must recognize the right of seriously ill patients to use marijuana, if recommended by a physician, when other medications are ineffective.”
For more information, please contact Robert Raich, Esq., attorney for the OCBC at (510) 338-0700 or Keith Stroup, NORML Executive Director at (202) 483-5500.
