This Winter, California Attorney General Bill Lockyer filed a document with the US Supreme Court on behalf of the Oakland Cannabis Buyers’ Club (OCBC), asking that the court let the OCBC distribute medical cannabis. Last summer the US Supreme Court prevented the OCBC from distributing medical cannabis by issuing an emergency declaration after the Ninth Circuit Court (one step below the Supreme Court) gave the OCBC the go-ahead to distribute medpot (CC#30, Fighting to heal). OCBC lawyer Robert Raich sees Lockyer’s support as an excellent sign that the US Supreme Court might also eventually rule in their favour.
“Lockyer filed the brief on behalf of the state of California,” said Raich. “The court has to take notice of that. Especially the conservative justices who advocate states’ rights over federal rights on a doctrinary basis? Out of the nine justices on the supreme court, five are conservative.”
Other US medical cannabis cases are also tipping in favour of the healing herb. On March 2,, Placer County Superior Court Judge John Cosgrove deflated Steve Kubby’s felony drug convictions to misdemeanors under the recommendation of Deputy DA Chris Cattran. All cannabis charges against Kubby were also dropped (CC#30, Med-pot on trial). During the trial, Judge Cosgrove said that he recognized Kubby’s use of medical cannabis as necessary to treat the rare form of cancer with which Kubby is afflicted.
On the same day, DA Bradford Fenocchio asked that the courts drop the retrial of Michael Baldwin, a medical cannabis user up on similar charges to Kubby’s.
The DA’s office also asked that the California Legislature develop clearer guidelines regarding medical marijuana, citing vagueness of the law as a prime reason for dropping charges against Kubby and Baldwin.
“Until the legislature speaks,” said Cattran, “we will work with law enforcement, citizens and health care providers of this county and neighbouring counties, to establish guidelines that provide guidance for law enforcement and a basis for evaluation of each case.”
? Steve and Michele Kubby: www.kubby.org