Would it be possible to claim an 8th Amendment violation for a chronic pain patient in a non-medical cannabis state as being denied access to medications otherwise available to other patients’ in other states. Does it amount to excessive cruelty or unusual punishment when the only option in your state is the prescription of opiates? I am not layer, but pose this question to anyone with that background.
That would likely be a stretch but you bring up some interesting ideas worth considering.
Definitely. You’d need a next level Law & Order level lawyer to even get that to a case. But the premise behind it is actually a great one.
8th amendment forbids things imposed as “Punishment for a crime”
Being denied something others have is unfair, but not related to any crime you committed.
But your only access to medical cannabis is growing your own and therefore putting you automatically in the act committing a crime, by following a doctors recommendation. That denial of equality is punishment enough.
The court’s response would be: move.
It’s not federally legal so they’d say “well they’re not allowed to either.”
A case in Ga was thrown out after the guy that was caught growing told the jury it was his medicine. The jury refused to convict and the case was tossed. I can get a medical card in Louisiana. Card cost 200 every 3 months. Tincture cost starts at 100.00. Every month it’s 30.00 plus extra for a monthly renewal that has to be re issued every 3 months. Most that got the card ended back on pills because they couldn’t afford it. Dr.s are complaining that the meds worked but patients are. Ring put back on pills.
I grow for my meds. I can’t afford state cost. If the state calls in medical cannabis then they are in fact denying me access to a proven medicine that only they are the sole proprietor of. A monopoly. I will fight to the end if I have to but I will not suffer for the rest of my life because I can’t afford the permission slip.
The law calls it medicine. If I am denied proven treatment because I can’t afford it no jury around will convict. Never take a deal. Demand a jury. It’s your life. Your choice. No one can deny your right to medical treatment that works
Going to depend a lot on exactly what the laws of your state are, and what you’re in violation of. If you go in front of a jury for being charged with cultivating a couple of plants to treat a severe illness, I could see them having a difficult time convicting someone. However, legal proceedings are not about feelings of guilt or compassion. There will be case law and precedents, and you’ll probably lose.
I see it not getting off the ground. Because a good lawyer can say why didn’t you move to a State that has either a legal medical marijuana program and or a State that allows for recreational sales.
Pain is funny that way. You can’t legally quantify the level of pain you are I . All subjective…a doctor can say yes my patient is in pain but not to what extent he/she is in.
And trust me I know pain very well. Even my Doctor at the VA Hospital point blanked told me the only pain treatment I will get is either go to Colorado and buy. Move…or grow your own. So I grow my own under the radar because it’s a hard core felony here.
I’m in enough pain that many years ago I played Russian Roulette. Pain will eventually take you to a very dark place. Till you get help from all sides of the coin.
My pension and gov doctors agree that I can’t function due to ptsd and pain. Moving is a expensive life event. Due to my ptsd u couldn’t be made to move just for legal health care options. Times are changing and more and more courts are stepping up. Precedents has been made over and over.
Where I live in Mississippi it’s decriminalized so under a ounce is only a fine. I only grow two plants at a time. I grow it for my wife which is very bipolar. I smoke a little too myself. But if they bust me for two plants that would be a waste of taxpayers money to put me in jail. There are a lot of bigger problems out there than someone growing what Mother Nature grows herself. That’s just my opinion.
@Dman1969 Here in Texas if you are caught with 4oz or less it is taken on a case by case basis for the 1st offense.
I talked to this kid that had community service outside the Court House for the county.
He had a clean record and was caught with 2oz. They confiscated his ganja and gave him 30 days community service. No fine. He wouldn’t be that lucky if caught again. The idiot carried his stash on him which is stupid.
@MrPeat Yes that is stupid! Im 50 years old and I believe It won’t be long before the old school politicians are out and they legalize it across the county. It’s stupid not too legalize it marajuana has more good benefits than bad. If we grew the male plant for clothing it would put cotton out of business. And cbd is performing miracles so to speak. The seeds can be used for oil. The list goes on and on. There’s too much money that could be made by the government if they did it right. I’ve never heard of anyone killing someone in wreck because they were only high. I’ve never heard of anyone that overdosed on pot. I hope you have a great night
Challenge accepted!!! i couldnt believe when we decriminalized last year myself D. Looking forward to legalization now!
@PurpNGold74 Me too brother me too just medical would be awesome enough.
Legal? What that
Texas had passed it for CBD for intractable Epilepsy. They had to fix the hole in the law and guess what…it can only be made from Hemp. Which all this means is a big joke.
I actually talked to the Senator that wrote the law. He is 10000000000000000000% against recreational. He tried to get a real Medical Marijuana Bill to pass but the die hard Christians in this State refused to let it continue.
And Jackhole Gov Abbot said if it would if passed, he would veto it automatically. Which shows they don’t care about helping us that need it. So you either move, drive or grow. Two of those 3 options is illegal.
And get caught growing, they will hit you with every felony they can throw at you and stick.
Patent no. 6,630,507 From a legal standpoint, guess who owns the patent on THC? The federal government, in any case you win or claim you make, could claim patent infringement. So even if they couldn’t or didn’t convict you of a criminal crime, could send you to the poor house in civil court. Which, my bet, is exactly what they would do if you tried to use the bill of rights as a legal defense. You open that can of worms and they’d take you fishing. As my GMA used to say.
Edit:the patent number above is not for thc. It’s for the plant and all non psycoactive chemicals. US health and human services holds 13 patents on cannabis. I will try to find the list and what they apply to.