|
veggie
Registered: 07/25/04
Posts: 17,504
|
State Medical Marijuana Laws Not Preempted by Federal Law
#9348747 - 12/02/08 12:28 AM (15 years, 3 months ago) |
|
|
U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law December 1, 2008 - Salem-News.com
(WASHINGTON, D.C.) - The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law.
The state appellate court decision from November 28th 2007, ruled that "it is not the job of the local police to enforce the federal drug laws." The case, involving Felix Kha, a medical marijuana patient from Garden Grove, was the result of a wrongful seizure of medical marijuana by local police in June 2005.
Medical marijuana advocates hailed today's decision as a huge victory in clarifying law enforcement's obligation to uphold state law. Advocates assert that better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures.
In turn, this will allow for better implementation of medical marijuana laws not only in California, but also in Oregon and Washington and other states that have adopted such laws.
"It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court.
"Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state."
A clear example of a California law enforcement agency wasting large amounts of time and money trying to bring down a lawful medical marijuana dispensary owner, is found in the story of San Luis Obispo County Sheriff Pat Hedges, who brought in federal agents to bust a man for helping sick people in a way that was approved by his fellow California voters. In fact it reads like a bad movie. (see Tim King's Salem-News.com article: Meet California's Lawless Sheriff)
California medical marijuana patient Felix Kha was pulled over by the Garden Grove Police Department and cited for possession of marijuana, despite Kha showing the officers proper documentation. The charge against Kha was subsequently dismissed, with the Superior Court of Orange County issuing an order to return Kha's wrongfully seized 8 grams of medical marijuana.
The police, backed by the City of Garden Grove, refused to return Kha's medicine and the city appealed. Before the 41-page decision was issued a year ago by California's Fourth District Court of Appeal, the California Attorney General filed a "friend of the court" brief on behalf of Kha's right to possess his medicine. The California Supreme Court then denied review in March.
"The source of local law enforcement's resistance to upholding state law is an outdated, harmful federal policy with regard to medical marijuana," said ASA spokesperson Kris Hermes.
"This should send a message to the federal government that it's time to establish a compassionate policy more consistent with the 13 states that have adopted medical marijuana laws."
Further information: Today's U.S. Supreme Court Order denying review: AmericansForSafeAccess.org/downloads/Kha_USSC.pdf Decision by the California Fourth Appellate District Court: AmericansForSafeAccess.org/downloads/GardenGroveDecision.pdf Felix Kha's return of property case: AmericansForSafeAccess.org/article.php?id=4412
|
Psuper
Psilocybin
Registered: 02/12/08
Posts: 2,874
Loc: PNW
Last seen: 3 years, 6 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: veggie]
#9348761 - 12/02/08 12:31 AM (15 years, 3 months ago) |
|
|
It's a step in the right direction anyway. ~Pixie~
-------------------- Clinical Management of High Dose Psilocybin Sessions: https://www.youtube.com/watch?v=FbHOTIqjZLk
|
Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
Last seen: 12 years, 5 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: Psuper]
#9348800 - 12/02/08 12:38 AM (15 years, 3 months ago) |
|
|
omg wtf does this mean wut i thnk it means!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
--------------------
|
veggie
Registered: 07/25/04
Posts: 17,504
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: Coaster]
#9348882 - 12/02/08 12:59 AM (15 years, 3 months ago) |
|
|
I think it does, if you are thinking what I am thinking.
I read it over a couple of times to be sure, but I gather that since the Supreme Court refused to review or overturn the state court ruling, that it is illegal for state cops to go after medical marijuana patients if it is legal in their state. They have to enforce state laws, not Federal laws. This is a big deal.
The Feds could still come into a state and wreck havok I guess, but the local and state cops are only obligated to enforce state laws. More cases will have to be decided to prevent the Feds from overruling state laws.
|
Coaster
Baʿal
Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
Last seen: 12 years, 5 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: veggie]
#9349031 - 12/02/08 01:36 AM (15 years, 3 months ago) |
|
|
--------------------
|
veggie
Registered: 07/25/04
Posts: 17,504
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: Coaster]
#9349119 - 12/02/08 01:57 AM (15 years, 3 months ago) |
|
|
I posted another very similar article below from NBC Los Angeles which clarifies this a little. The original case was started because the cops were afraid they were breaking federal law if they returned some medical MJ back to someone who was legally entitled to have it. The state court said give it back. The Federal Supreme court refused to review the case. Does this mean the state court ruling stands? I think it does.
It's would be similar to the cops confiscating a TV from someone because it might be stolen. When it is proven the TV does legally belong to the person, the cops have to return it. I'm not sure if this applies to just California or all medical marijuana states. Where is a lawyer when you need one?
|
veggie
Registered: 07/25/04
Posts: 17,504
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: veggie]
#9349121 - 12/02/08 01:57 AM (15 years, 3 months ago) |
|
|
U.S. Supreme Court Refuses to Get Involved in Local Medical Marijuana Case December 1, 2008 - NBC Los Angeles
Advocates Hope Cops Will Now Uphold State Medical Marijuana Law
SANTA ANA - The U.S. Supreme Court refused Monday to review a lower court decision ordering Garden Grove police to return eight grams of marijuana seized from a patient who had been pulled over in a traffic stop, an attorney said.
The case involving Garden Grove resident Felix Kha that the nation's highest court refused to take up was a landmark ruling, issued on Nov. 28, 2007 by California's Fourth District Court of Appeal that held "it is not the job of local police to enforce the federal drug laws," according to Joe Elford, chief counsel with Americans for Safe Access.
The city of Garden Grove appealed to the California Supreme Court, which refused to review the decision in March, then petitioned the U.S. Supreme Court. Elford called the court's refusal to consider the case a victory in clarifying law enforcement's obligation to uphold state law regarding medical marijuana. The lower court's 41-page decision found that the state's medical marijuana law was not preempted by federal law, Elford said.
The decision will result in better adherence to state medical marijuana laws by local police and will result in fewer needless arrests and seizures, advocates assert.
"It's now settled that state law enforcement officers cannot arrest Medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," Elford said.
"Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state."
Lois Bobak, a private attorney whose firm represents the city on a contract basis, said the issue in the case was a narrow one.
"The U.S. Supreme Court didn't issue any kind of ruling, it just failed to review a lower-court decision," Bobak said. "You can't read too much into that fact. The city felt it was important to pursue the legal principle that police shouldn't be put in a position of returning a substance that is contraband under federal law."
Kha, 23, was stopped by police on June 10, 2005. He pleaded guilty to a traffic violation, but a charge of possessing marijuana while driving was dropped after he produced a doctor's note approving Kha's use, which he said was for severe back pain. A judge ordered the return of the marijuana but the city saw itself as caught in the middle of a conflict between state and federal law.
Bobak said Kha did not have his doctor's note on him when police stopped him, which allowed police to properly seize it. The city argued that because the seizure was legal in light of Kha's failure to carry the note, the marijuana did not have to be returned.
Of the high court's refusal to take the case, Bobak said, "I think it gives clear direction to police if they confiscate (medical) marijuana and a person later establishes they qualify for it."
The marijuana has not been returned but will be once the city gets the deny of review ruling.
A case challenging Anaheim's ban on dispensaries, an entirely separate issue, is pending before the Fourth District Court of Appeal, Elford said.
|
KrishnaDreamer
I bleed nicotine...
Registered: 09/23/07
Posts: 4,132
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: veggie]
#9349149 - 12/02/08 02:04 AM (15 years, 3 months ago) |
|
|
it certainly sets a precedent.
-------------------- Everybody's a ninja...
|
lumibles
Lurker
Registered: 04/23/08
Posts: 142
Loc: In the rain
Last seen: 13 years, 10 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: veggie]
#9349206 - 12/02/08 02:22 AM (15 years, 3 months ago) |
|
|
Slowly making progress!
-------------------- Reality is a crutch for people who can't cope with drugs. ~Lily Tomlin Did you know America ranks the lowest in education but the highest in drug use? It's nice to be number one, but we can fix that. All we need to do is start the war on education. If it's anywhere near as successful as our war on drugs, in no time we'll all be hooked on phonics. ~Leighann Lord
|
makaveli8x8
Stranger
Registered: 02/28/06
Posts: 21,636
Last seen: 7 years, 9 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: lumibles]
#9349483 - 12/02/08 05:25 AM (15 years, 3 months ago) |
|
|
what did i just get done reading about in the pub, something about one armed soilder on the streets per 1500 residents. anyways i have an itchy feeling the more states ignore the feds the more the feds are going to take over. hail hitler.
-------------------- We were sent to hell for eternity Øh® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
|
Green_T
Registered: 10/02/08
Posts: 4,042
Loc: UK
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: makaveli8x8]
#9349961 - 12/02/08 08:47 AM (15 years, 3 months ago) |
|
|
Quote:
"It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court.
-------------------- "I have sworn upon the altar of god eternal hostility against every form of tyranny over the mind of man" - Thomas Jefferson Legalize Meth | Drug War Victims
|
SolomonTheShaman
I love to travel
Registered: 07/06/08
Posts: 211
Last seen: 14 years, 7 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: Green_T]
#9351503 - 12/02/08 01:57 PM (15 years, 3 months ago) |
|
|
Bump for insane justice.
-------------------- "Live as if you were to die tomorrow. Learn as if you were to live forever." -Mohandas Gandhi
|
WonkierBubble
Stranger
Registered: 01/29/08
Posts: 173
Last seen: 9 years, 6 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: SolomonTheShaman]
#9351773 - 12/02/08 02:50 PM (15 years, 3 months ago) |
|
|
"Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state."
If someone can't agree with that, they have a problem. It just makes sense.
|
fall
Stranger
Registered: 01/20/08
Posts: 595
Last seen: 12 years, 5 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: veggie]
#9351856 - 12/02/08 03:08 PM (15 years, 3 months ago) |
|
|
Quote:
veggie said: U.S. Supreme Court Refuses to Get Involved in Local Medical Marijuana Case December 1, 2008 - NBC Los Angeles "The U.S. Supreme Court didn't issue any kind of ruling, it just failed to review a lower-court decision," Bobak said. "You can't read too much into that fact. The city felt it was important to pursue the legal principle that police shouldn't be put in a position of returning a substance that is contraband under federal law."
Should that not make me doubtful?
|
Liquidkick
H2O
Registered: 05/03/02
Posts: 2,635
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: veggie]
#9352208 - 12/02/08 04:29 PM (15 years, 3 months ago) |
|
|
It is interesting the Supreme Court did not want to take this case.
This could be very interesting for states in general.
|
makaveli8x8
Stranger
Registered: 02/28/06
Posts: 21,636
Last seen: 7 years, 9 months
|
Re: State Medical Marijuana Laws Not Preempted by Federal Law [Re: Liquidkick]
#9356188 - 12/03/08 05:33 AM (15 years, 3 months ago) |
|
|
yah like a big massive states raid via internal investgations fines fines fines
-------------------- We were sent to hell for eternity Øh® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
|
|