Appeals court upholds use of medical marijuana

SAN FRANCISCO (AP) — An appeals court ruled Tuesday that a federal law outlawing marijuana does not apply to sick people who are allowed to smoke pot with a doctor's recommendation.

The ruling by the 9th U.S. Circuit Court of Appeals was a blow to the federal government in its fight against medical marijuana. The Justice Department has argued that state medical marijuana laws were trumped by federal drug laws.

The case also underscores the conflict between federal law and California's 1996 medical marijuana law, which allows people to grow, smoke or obtain marijuana for medical needs with a doctor's recommendation. Eight other states have similar laws.

In its 2-1 decision, the court said prosecuting medical marijuana users under the federal law is unconstitutional if the marijuana is not sold, transported across state lines or used for non-medicinal purposes.