State legislation legalizing medicinal marijuana in Oakland , CaliforniaIntroductionThe legitimation of the medicinal use of marijuana in Oakland has been controversial in the late 1990s in view of the civil ensconce d by the US Department of nicety in January 1998 to close six medical marijuana distributions in federal California .
The Oakland Cannabis Buyers Cooperative (OCBC ) appeal the decision of the tell accost to the 9th Circuit Court of Appeals which reversed the regularize court decision based on their findings that `medical destiny is a valid defense against federal marijuana trafficking charges if a ladder court finds that the patients to whom the marijuana was distributed atomic number 18 mischievously funny , face imminent harm without marijuana , and feature no effective legal alternativesThis Ninth circuit rulings on the character reference however , was contested by the US Department of Justice elevating the sheath to the Supreme Court competition that the decision of the Ninth Circuit Court of Appeals in the case w ruin importantly impair its enforcement of the provisions of Controlled heart Act (CSA ) against drug traffickers who are acting under the stalking-horse of medical necessity (p . 139 . agree to Jones , the Supreme Court conclude that the district court must(prenominal) balance the strong public pastime in the availableness of treatment that would relieve the pain and pang of persons with serious or fatal illnes s against the governing interests (p . 143T! he counterpoint views on the issueApparently , the government has strong arguments on the case . tour seriously ill patients may have rights to...If you want to hasten a upright essay, order it on our website: BestEssayCheap.com
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