Medical Marijuana Not Protected by Americans With Disabilities Act, Ninth Circuit Court Rules

Categories: Medical Weed

Gravely ill and severely disabled?

Real sorry about that, but you should still be thrown in jail for using marijuana, says a ruling by the U.S. Ninth Circuit Court of Appeals.

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Image: stanfordlawyer.law.stanford.edu
Justice Raymond C. Fisher of the U.S. Ninth Circuit Court of Appeals says the Americans With Disabilities Act provides no protection for medical-marijuana patients.

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Yesterday's ruling came in a California case that pitted disabled people against the wishes of city leaders who don't like medical-marijuana dispensaries.

Costa Mesa and Lake Forest took steps to close the pot shops a few years ago, angering patients and activists who believe California law -- and the federal ADA -- prohibits such actions.

Not so, says the Ninth. But in their written opinion, justices seem to sympathize with the plaintiffs.

"We recognize that the plaintiffs are gravely ill, and that their request for ADA relief implicates not only their right to live comfortably, but also their basic human dignity," Circuit Court Judge Raymond C. Fisher wrote in the opinion. "We also acknowledge that California has embraced marijuana as an effective treatment for individuals like the plaintiffs who face debilitating pain."

Despite the fact that these dying and suffering people just want to relieve their pain under a state law that acknowledges marijuana works for them, marijuana is illegal under federal law, period. And that's that.

The "against federal law" excuse runs counter to the wishes of sick people, voters and Americans who simply don't believe marijuana possession should be a crime, (remember the 42 percent of Californians who voted for outright legalization in 2010?), but that refrain will continue to be heard in the court system until Congress addresses the conflict.

The federal prohibition against marijuana has affected many major cases, including the chilling reproach of medical marijuana in the infamous Raich vs. Gonzales case, in which the courts told a severely ill man he couldn't grow pot on his own property for his own use because having such rights would provide a loophole in the law. Earlier this month, Maricopa County Superior Court Judge Michael McVey ruled that a $500,000 loan by an Arizona couple to a Colorado dispensary didn't have to be paid back because marijuana is against federal law.

The Ninth Circuit recognizes, however, "that the federal government's views on
the wisdom of restricting medical marijuana use may be evolving... But for now Congress has determined that, for purposes of federal law, marijuana is unacceptable for medical use."

Thanks to Dr. Congress, those severely ill patients will simply have to go back to swallowing fistfuls of opiate-based pills, even though they say those don't work as well as pot.

Read the Ninth Circuit Court's opinion on the ADA and medical marijuana here.


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9 comments
Albert
Albert

Had another thought... so are those who are in the IND program protected by ADA, and Veterans who are able to use medical marijuana who live in a states where it's legal??? The VA signed off on that years ago. Doesn't really seem like equal protection under the law to me. It seems like a "federal system" that tries to limit protection..... BUT all laws and protections have to be EQUAL. It's in the 14Th Amendment, and listed AGAIN in the Articles of the Constitution. I just don't remember where exactly. So we have the government who is bound to the Constitution, and REQUIRED by it to have EQUAL PROTECTION for all..... no matter what... "violation" they may or may not violate. They(Feds) aren't given ANY exception to LIMIT who is and isn't  protected under the 14Th Amendment!!!!!!!!!

Albert
Albert

I think these employees/SERVANTS.. (ALL government employees... Judges and politicians) need to be reminded that they are BOUND to the Constitution. And that Congress also has rules and  limitations in "bill" making... (like not making laws that don't give them authority!!!!  Enumerated means limited.. not to be "IMPLIED", stretched or "bent" to gain power...  What amazes me is that the Federal Government thinks they have a Ninth and Tenth Amendment that allows them to have MORE power..  in fact it's just the opposite.... they need a Constitutional Amendment to have more power... they have just taken almost ALL power from the States and respectively the PEOPLE without USING the LEGAL/Constitutional methods. Even the 4th and 5th words of Article One say (
all legislative powers ***herein granted*** to the Congress ) No more and no less power.. unless changed with an Amendment.   And of course the 1930's SCOTUS is going to concede that the 10Th Amendment takes away any "Federal" power... But the 10Th Amendment is an a LEGAL Constitutional Amendment that overrides anything previous that changes power or authority. The Constitution is a SIMPLE document to understand.... it's all the other crap that is pulled over the entire Country to believe that our power and rights are limited.... EVEN though no word is written on limiting OUR  rights, immunities, or privileges because of exceptions or exemptions. Exceptions for the SCOTUS to make are ONLY for diplomats and ambassadors!  And not the rest of the Constitution.

 
An enumeration of a collection of items is a complete, ordered listing of all of the items in that collection.

The Tenth Amendment- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

And that States or the People have the Right and Power to change anything THEY have decided...and that is not prohibited by the Constitution. Relating to ANYTHING they choose.

shadeaux14
shadeaux14

Don't forget folks, The conservative leadership in Arizona is looking out for MMJ patients.

Just a couple of weeks ago they funded 500 state and 1500 private prison beds. Got to fill em somehow.

Eleanor Holguin
Eleanor Holguin

Yea, the hell with funding schools and childrens other needs.

Coz
Coz

Piss on the Feds

Lorie366
Lorie366

Until the Fed leaders and special interest groups make their money there will be no legal way under federal law.

Kevin Hunt
Kevin Hunt

70% of Americans polled support medical marijuana.  The feds obviously couldn't care less about the will of the people.

Hppy Hippi
Hppy Hippi

SHAME SHAME SHAME!!! The intellectual dishonesty of the Federal Government is nothing short of criminal. The pot prohibition is itself a long standing ongoing crime against humanity, paid for by our tax dollars. Circuit Court Judge Raymond C. Fisher is acting the part of the "good german" who is just following the law, an evil and  destructive law. Put those people on the train to suffering and prison, it is the LAW! What moral cowards he and his fellow justices are. SHAME SHAME SHAME!!!

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