October 13, 1995, Tacoma, WA: In a decision that may be a first for
the nation, Superior Court Judge Rosanne Buckner has ruled that a cancer
patient's need to use marijuana as medicine overrides the state's interest
in outlawing its prescription.
Defendant Ralph Seeley--a former journalist, lawyer, and cancer
patient--accomplished what no one else has done in a quarter century of
attempts. Seeley filed a declaratory judgment action in Pierce County
Superior Court, asking for a ruling that the State's Constitution's reliance
on "fundamental principles" requires that marijuana be available as a
prescription substance. This past Friday, the Honorable Judge Buckner
agreed. A final order is being prepared.
"I think, practically speaking, the effect [of this ruling] is to put
prosecutions for medical marijuana use on hold," Seeley said. During the
court proceedings, Seeley's moving argument contained numerous references to
his own experiences as a cancer patient, forced to choose between breaking
the law or enduring unbearable suffering. Seeley has undergone eight
surgeries on his spine, two lung surgeries--including the removal of one
lung--radiation, and several bouts of chemotherapy. He faces another
surgery next month.
Jeffrey Steinborn, a Seattle lawyer who has represented a number of
clients in medical marijuana cases, called the ruling significant. "I think
it's going to open the door to a new wave of attempts to make this a
legitimate medicine," commented Steinborn, who is a friend of Seeley's.
"There's a crack in the door now, a crack in the shell and I think it's
going to spread."
"It is monstrous to say [that] this substance cannot be used as a
medicine by people who are dying," Steinborn concluded. "I challenge any
federal official to come and debate the wisdom of this."
For more information on Honorable Judge Buckner's ruling, please
contact Ralph Seeley @ (206) 383-3434 or Jeff Steinborn @ (202) 622-5117.
For more information on the medical uses of marijuana, please contact Allen
St. Pierre of NORML @ (202) 483-5500.
This story has been provided by NORML.