Court-approved use of medical marijuana stands

WASHINGTON — A federal appeals court has refused to reconsider a ruling permitting medical use of marijuana, despite a request by the Bush administration.

The U.S. Ninth Circuit Court of Appeals declined the federal government’s request to rehear arguments on the December opinion by a three-judge panel of the court, The New York Times reported. In that decision, the panel voted 2–1 to allow marijuana to be used medically by those who grow it or obtain it for free.

The Bush administration refused to say if it would appeal the Feb. 25 order to the U.S. Supreme Court, according to The Times.

In the Ninth Circuit’s December ruling, the medical use of marijuana was upheld as permissible in a state that allows it, as long as a patient has a doctor’s permission and there is no payment for the drug nor any interstate commerce.

With the appeals court’s Feb. 25 order, the ruling continues to stand in the nine states in the Ninth Circuit. Seven of those states have laws permitting medical use of marijuana: Alaska, Arizona, California, Hawaii, Nevada, Oregon and Washington.