Washington,DC —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 28,2007,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 in all 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.”
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“The source of local law enforcement’s resistance to upholding state law is an outdated,harmful federal policy with regard to medical marijuana,”said ASA spokesperson Kris Hermes.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:http://AmericansForSafeAccess.org/downloads/Kha_USSC.pdf
Decision by the California Fourth Appellate District Court:http://AmericansForSafeAccess.org/downloads/GardenGroveDecision.pdf
Felix Kha’s return of property case:http://AmericansForSafeAccess.org/article.php?id=4412
[...] Continue celebration of the mass here:U.S. Supreme Court:State Medical Marijuana Laws Not Preempted …[...]
This is greta,but is the State of California going to step up and tell the Federal Government they have NO RIGHT to come here and force the citizens of the STATE to comply with laws that the State has overridden? The dispensaries are still being closed and people are still not able to access marijuana without the fear of arrest,property seizure and incarceration,all at the hands of the broken federal government and those who would control all aspects of our lives.
They could try,but I highly doubt it. This is what the state and local law enforcement has been using as their excuse to illegally arrest people and illegally take their medicine. They might think twice now without having the feds backing them up…My 2 cents
You want to win the War on Drug then Legalize!!!!!
[...] December 3rd,2011 | Category:Uncategorized via michiganmedimaps.com GA_googleAddAttr("AdOpt","1");GA_googleAddAttr("Origin","other");[...]
I think you have overblown the impact and extent of this decision. This decision DID not state that the U.S. Supreme Court rules that state laws on medical marijuana have precedence over Federal laws to the contrary.
What the Supremes did was rule that they would not review a California case which stated that California cops did not have to enforce Federal laws. There are 1,000′s of reasons why the USSC might refuse to review a lower court case,and the USSC usually keeps quiet about the reason they used,just so the decision has the absolute minimum impact.
What has happened is that one guy Kha will get his pot back.
They won’t stop arresting people and shutting down dispensaries until a medical marijuana patient dies because he/she was denied of their chosen medication.
This has already happened –in the federal case of medical cannabis patient and activist,Peter McWilliams,may he rest in peace. He was ordered to not use cannabis and his life ended when he choked on his own vomit. http://en.wikipedia.org/wiki/Peter_McWilliams
The Peoples Republic of California will stand up for itself and now cowtow worshiping the Federal Government?! I’ll believe that it when I see it
Will California Law Enforcement stand up to The Feds? Will they actually PROTECT California Medical Patients by thwarting Federal Agents in their efforts to supersede state law? Will they acctually uphold California State Law?????
It’s still up to the Fed. They’ll prob either just use their own piggy people to come in and hammer on the dispensaries (which doesn’t bother me)or tell Calif to do or lose Federal Funding. For each Little Billy Bob County or state,making up their own laws is a waste of time. It has to be worked from the Fed level down.
It needs to just be totally legalized and I don’t think that’s going to happen because of the “Powers that Be”against it,namely the Pharmas,Pot Growers and Pigs. All their budgets depend on it.
This is a start,but it has to be Fed. http://regulatemarijuanalikewine.com/
Thats great,but this article was published in Dec of 2008
I like wine LOL. Wine is a good model for everyone including those serving the needs of patients now. Vineyards range in many sizes and small growers are protected. The Like Wine initiative also requires the state to >>actively defend<<against Federal interference in this law and MMJ. Smart.
Wine,beer,and liquor seems to be the problem. After 2 or three glasses of wine an individual is impaired to the point of wrecking the vehicle and or going home getting violent with a family member.Only to wake up not remembering after vomiting and having a bad headache. Cannabis does none of the above.VOTE FOR LEGALIZATION Ending prohibition on CANNABIS.