It said that law then takes "a ham-fisted swipe at the ability of medical doctors to certify patients in medical need by creating oppressive features" intended to dissuade physicians from recommending the use of medical marijuana,

"Worse yet, the users who by definition suffer from a ‘debilitating medical condition' are virtually branded as second-class citizens, ranging from serious intrusions into the doctor-physician relationship, to warrantless and unannounced searches," the brief said.

******

A critical problem with the 2011 changes is that they effectively eliminate producers, the brief said, leaving medical cannabis to "somehow spring up by immaculate conception and be timely available to those patients in need," the plaintiffs' brief said.

It cited plaintiff Charlie Hamp, 79, whose wife, Shirley "Butch" Hamp, suffered from cancer of the esophagus and had an esophagectomy, a serious surgery, that resulted in her weight dropping from 105 pounds to 88 pounds. Doctors suggested she try medical marijuana, and she laces her coffee with a marijuana tincture every morning.