By JANE HADLEY
P.I. Reporter
A Pierce County Superior Court judge stunned lawers and observers in
her courtroom yesterday when she ruled that the states ban on marijuana
use for medical purposes is unconstitutional.
Even the lawyer who represented himself had not expected to win.
"I assumed I would be appealing it," said Ralph Seeley, 45, A Tacoma
lawer with terminal bone cancer. "But I won. I'm still in a state of shock."
Seeley and the state Attorney General's Office had agreed to seek a
declaratory judgement in Superior Court as to whether the state's
classification of marijuana as a Schedule I drug - meaning it cannot be
perscribed for medical purposes - violates the state constitution.
They agreed in advance that the losing party would seek direct review
of the decision in the state Supreme Court.
Bill Willams, cheif of the health division in the Attorney General's
Office, said yesterday the state would appeal Judge Rosanne Buckner's
decision.
Seeley said if he wins the case in the Supreme Court, he hopes that
Attorney General Christine Gregoire would adopt his position and seek to
overturn the federal ban on the medicinal use of marijuana.
As long as the federal ban is in place, Seeley would have no way of
filling a physician's prescription for marijuana.
Still, advocates of legalizing the medicinal use of the drug were
overjoyed yesterday.
"It's marvelous," said Joanne McKee, 52 a Bainbridge Island woman
involved in Green Cross, a group that helps people with chronic or
terminal illnesses obtain marijuana. McKee, who uses a wheelchair because
of a spinal cord injury, has been charged with felony violation of drug laws.
"It makes (law enforcement) look bad putting sick people in jail,"
she said.
Seattle attorney Jeff Steinborn, who has represented patients seeking
to use marijuana, also was elated.
Buckner balanced the benefits to Seeley against the states interest
in maintaining the ban and found in his favor, observers said.
The effect of her decision is to make marijuana a schedule II drug,
like opium, morphine, cocaine and other drugs that are tightly controlled
but can be perscribed by physicians for medical purposes.
Seeley has had eight spinal surgeries, radiation therapy,
chemotherapy and removal of a lung. He is scheduled to have another
surgery soon. He told the court that after chemotherapy treatments, he
experienced hours of agony afer which he lay on the floor in his own
vomit and excrement unable to summon help.
State law allows physicians to prescribe capsules of
tetrahydrocannabinol, or THC, the active ingredient in marijuana, but
Seeley said they are not as effective and have significant disadvantages.
Assistant Attorney General Melissa Burke-Cain argued that there is no
scientific evidence that marijuana is effective in controlling nausea,
and that a new class of serotonin antagonists is proving to be highly
effective.
Burke-Cain said Seeley has no "fundamental right" to a drug of his
personal chioce and it is up to the legislature and state Pharmacy Board
to decide on drug classification.
Thanks to Ralph for doing such a great job! Lets all wish him luck at
the state Supreme Court!!!
John
Here's the official press release as written by Jeff Steinborn of the law offices of Steinborn & Associates.