Federal Judge Allows Medical Marijuana Defense
A federal judge in California has allowed defendants to raise medical marijuana use as a defense to cultivation charges:
Monday's ruling by U.S. District Court Judge Nora M. Manella to allow Anna Barrett and her husband, Gary, to make such a case comes in the wake of a December ruling by the 9th U.S. Circuit Court of Appeals. The December ruling concluded that a congressional act outlawing the drug may not apply to sick people with a doctor's recommendation in states with medical marijuana laws.
This is a blow to Ashcroft and the Justice Department. And it's only one judge in one jurisdiction. It's why we need to pass the Truth in Trials Act.
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