Medical marijuana case moves forward

As expected, US District Court judge Martin Jenkins issued an injunction in response to the recent ruling by the 9th Circuit Court of Appeals, preventing the federal government from harassing or arresting medical marijuana patients Angel Raich and Diane Monson.

We've heard from their attorney, David M. Michael, who outlined the procedural schedule on the case. He advises the government had previously petitioned the Supreme Court last month to review the Ninth Circuit's decision that concluded that Congress had exceeded its Commerce Clause authority in applying the Controlled Substances Act to justify prosecuting Raich and Monson.

Michael's opposition brief is due within the next three weeks. After it's filed the matter will go to a judicial conference, where the vote of 4 Justices are necessary to grant certiorari. If granted, oral argument is likely to occur in late 2004 or early in 2005.

Attorney Michael also expects the government to appeal Judge Jenkins preliminary injunction, however the matters would most likely be joined to the original appeal and would not affect the oral argument schedule.

Meanwhile Angel Raich expressed happiness that the ruling had
arrived, "I want the public to know what the federal government has been doing after 9/11," she said.