NORML Weekly Press Release
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November 10, 1999
U.S. District Judge Bars Medical Necessity Defense In Case Against
McCormick and McWilliams
Nov. 10, 1999, Los Angeles, CA: A U.S. District Court judge has barred
the medical necessity defense, as well as any mention of California's
Proposition 215, in the trial of medical marijuana patients Todd
McCormick and Peter McWilliams. McCormick and McWilliams will also not be
permitted to testify on their medical conditions. Both are accused of
illegally cultivating marijuana.
U.S. District Court Judge George King has countered a September ruling
by the Ninth Circuit Court of Appeals which held that medical necessity
can be a viable defense for people accused of breaking federal marijuana
laws. Two weeks ago, the U.S. Justice Department asked the 9th Circuit to
reconsider its decision.
"The government monopoly on justice has just handed me a 'go to jail for
life' card," said McWilliams. "I now face 10 mandatory years in federal
prison. I will die there. My life is over because I tried to save my life
doing something my doctor recommended in a state where it is legal."
"The Constitution is under attack from many different fronts," said
David Michael, Esq., McCormick's attorney. "The courts have followed
precedent favorable to the government in their prosecution, but have
found every way possible to avoid decisions from the same courts that
recognize individuals' rights."
Both McWilliams and McCormick face a mandatory minimum of 10 years in
prison for the cultivation of 6,000 marijuana plants. The trial is
scheduled to begin on Nov. 30, 1999.
For more information, please contact Tom Ballanco, Esq., attorney for
Peter McWilliams at (310) 291-3659; David Michael, Esq., attorney for
Todd McCormick at (530) 304-7793, or visit Peter McWilliams' web site at
http://petertrial.com.
Michigan Drug Testing Program Temporary Halted By ACLU Injunction
Nov. 10, 1999, Detroit, MI: The American Civil Liberties Union won a
court injunction temporarily halting a Michigan law that orders mandatory
drug testing for welfare recipients.
The ACLU filed a class-action lawsuit against the Family Independence
Agency, which administers welfare in Michigan, on Sept. 30 and filed for
the temporary restraining order this Monday. U.S. District Judge Victoria
Roberts ruled on Wednesday in the plaintiff's favor, issuing the
temporary restraining order stating that requiring tests without
suspicion "is likely unconstitutional."
"Michigan's policy is the first that opens the door to forcing drug
testing on the entire population," said Graham Boyd, Esq., of the ACLU
Drug Policy Litigation Project. "By drug testing those who get welfare,
it is a short step to testing everyone who applies for a government
benefit."
A hearing is scheduled on Dec. 14 to hear arguments on whether to grant
class-action status and a preliminary injunction against the testing
program.
For more information, please contact Graham Boyd, Esq., at (203)
668-6112 or Kary Moss, Executive Director of ACLU of Michigan at (313)
961-7728. To view the ACLU's complaint against the Family Independence
Agency please go to http://www.aclumich.org/briefs/welf930.htm.
Washington Adds Crohn's Disease Too Medical Marijuana Law
Nov. 10, 1999, Seattle, WA: Washington's Medical Quality Assurance
Commission has approved a petition to add Crohn's Disease to the list of
qualifying illnesses legally treatable by using marijuana.
Crohn's Disease is an inflammatory bowel disease, characterized by
severe abdominal pain, nausea, and weight loss. The state law, adopted by
a state-wide voter initiative in 1998, previously allowed marijuana use
for patients suffering from AIDS, cancer, multiple sclerosis, glaucoma
and intractable pain.
Dr. Rob Killian, the primary sponsor of Washington's initiative in 1998,
supported the petition to add Crohn's Disease to the list of diseases
treatable with marijuana.
"Crohn's Disease is a particularly debilitating illness, and patients
have long espoused the use of marijuana to ease some of its more severe
symptoms," said Killian. "By adding this illness to the list, we are
further safeguarding a group of patients who need protection from
criminal prosecution for using a medicine that works."
"When we drafted this initiative, we knew that there needed to be a
mechanism to allow for the addition of medical conditions if information
became available to show that its symptoms can be relieved by marijuana,"
said Killian. "We are happy to see that the system worked."
For more information, please contact Tim Killian of Washington Citizens
for Medical Rights at (206) 679-4779.