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In ''United States v. Oakland Cannabis Buyers' Cooperative'', 532 U.S. 483 (2001), the United States Supreme Court rejected the common-law medical necessity defense to crimes enacted under the federal Controlled Substances Act of 1970, regardless of their legal status under the laws of states such as California that recognize a medical use for marijuana. Oakland Cannabis Buyers' Cooperative was represented by Gerald Uelmen. ==Facts of the case== This case would not have arisen without the passage of Proposition 215, California's Compassionate Use Act. The Act allowed a patient or his primary caregiver to cultivate or possess marijuana on the advice of a physician. Bolstered by this enactment, certain groups organized to supply marijuana to patients in a manner consistent with the Act. The Oakland Cannabis Buyers' Cooperative is one such group. In January 1998, the U.S. Government sued the OCBC to stop the cultivation and distribution of marijuana in violation of federal law. The Government based its argument on the provisions of the Controlled Substances Act, which forbade the distribution, manufacture, and possession with intent to distribute or manufacture a controlled substance (including marijuana). The lawsuit began in the U.S. District Court for the Northern District of California, and came before district judge ( Charles Breyer ). Judge Breyer concluded that the Government would likely prevail on the merits, and issued the injunction. The OCBC believed, however, that ceasing the distribution of marijuana to patients would be harmful to them, and therefore chose to violate Judge Breyer's injunction. The Government brought contempt proceedings against the OCBC. The OCBC argued that the distributions were medically necessary. Judge Breyer found OCBC in contempt, denied OCBC's request to authorize medically necessary distributions of marijuana, and authorized the U.S. Marshals to seize OCBC's premises. At this point, the OCBC agreed to stop distributing marijuana. It also appealed Judge Breyer's decision to the Ninth Circuit. The Ninth Circuit reversed. It held that medical necessity was a legally cognizable defense to charges under the Controlled Substances Act. Accordingly, the district court could have fashioned an injunction that was more limited in scope than a total ban on distributing marijuana. The Ninth Circuit ordered the district court to consider the criteria by which OCBC could distribute marijuana under the rubric of medical necessity. The Government then asked the U.S. Supreme Court to review the case. When the case came before the Court, Justice Stephen Breyer recused himself from deciding the case because his brother Charles had been the district judge in the case. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States v. Oakland Cannabis Buyers' Cooperative」の詳細全文を読む スポンサード リンク
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