Renewed bid for medical marijuana back in court
By DAVID KRAVETS, AP Legal Affairs Writer
Last Updated: March 25, 2006, 12:25:24 PM PST
SAN FRANCISCO (AP) - Each time the U.S. Supreme Court has ruled on medical marijuana, the justices have come down against allowing the sick and dying to use the drug to ease their symptoms and possibly prolong life. But the door has never been fully closed.
This week, a federal appeals court in California will hear arguments in the latest round of legal wrangling over the issue.
The case to be argued before the 9th U.S. Circuit Court of Appeals on Monday narrows the matter to the so-called right to life theory: that marijuana should be allowed if it is the only viable option to keep a patient alive or free of excruciating pain. It would apply only to the sickest patients and their suppliers, regardless of whether they live in one of the 11 mostly Western states authorizing medical marijuana.
"A victory would affect people who are very seriously ill, facing death or great physical suffering," said Randy Barnett, a Boston University law school professor working on the case.
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The Bush administration says the lawsuit is without merit.
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http://www.modbee.com/state_wire/story/11976235p-12738352c.html