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Supreme Court Ruling Seen as Victory for Medical Marijuana
December 3, 2008

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News Summary

The U.S. Supreme Court's refusal to review a lower court ruling that California's drug laws took precedence over federal law was seen as a victory for medical marijuana advocates, the Orange County Register reported Dec. 2.

The case under consideration involved police seizure of eight grams of marijuana from Felix Kha during a traffic stop in Garden Grove, Calif. The police refused to return the marijuana after Kha plead guilty to a traffic violation but produced a note from a doctor stating that the marijuana was prescribed for a medical condition.

A judge ordered the return of the marijuana but the city refused, saying that federal and state laws were in conflict since federal law considered marijuana an illegal substance. The U.S. Supreme Court refused to review the subsequent ruling by California's Fourth District Court of Appeal that "it is not the job of local police to enforce the federal drug 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 at Americans for Safe Access, a medical-marijuana advocacy organization that represented the defendant.

Elford said the ruling clarified law enforcement's obligation to uphold state medical-marijuana laws. "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," he said.

However, "The U.S. Supreme Court didn't issue any kind of ruling; it just failed to review a lower-court decision," said Louis Bobak, an attorney representing the city of Garden Grove. "You can't read too much into that fact." Bobak said that the city was obligated to pursue "the legal principle that police shouldn't be put in a position of returning a substance that is contraband under federal law."

The marijuana will be returned to Kha after the ruling is received by the city. 

COMMENTS ON THIS ARTICLE:

Posted by Eddie deRoulet on 08 Dec 08 12:29 PM EST
"It is not the job of local police to enforce federal drug laws"? If that is what Calif believe then they should throw out every drug case that comes to them.

Posted by Donald B Parsons on 08 Dec 08 11:27 AM EST
What I don't understand is how can "OUR" federal government overturn a state by state "WE THE PEOPLE" VOTED initiative by overwhelming margins. "Is it not "WE THE PEOPLE" that run this country through "OUR" elected officials?" When the people have spoken overwhelmingly it is NOT "OUR" elected officials job to overrule the people's choice it is their DUTY to make policy according to our will. I'll step down from my soapbox now and just say I hope you are right Brinna and they reclassify cannabis from Schedule I to schedule V. Here in Maine the signatures have been collected and in 2009 or 2010 "WE THE PEOPLE" vote for or against dispensaries here and hope we don't go through the troubles California has with their dispesaries.

Posted by Brinna on 05 Dec 08 02:13 PM EST
It is a victory for medical cannabis users in California. In addition, 13 States have determined that cannabis is a legitimate medicine. The Federal statute which places cannabis in Schedule I, depends on cannabis having no current use for treatment in the United States. Clearly, it does have medical use, so the DEA is in error for maintaining an erroneous classification. It is this illegal classification which is the justification behind the DEA arrests. The states have not written laws conflicting with Federal law. In fact, as soon as the states determined that cannabis had medical use, the DEA classification was nullified. Very soon you will be seeing the DEA classification corrected.

Posted by Sean A @ Stonehill College on 04 Dec 08 04:53 PM EST
I don't think this should be seen as a victory for Medical Marijuana. The supreme court reviews such a small amount of cases a year, I am not suprised that they chose not to hear a case that was over such a small amount of marijuana. I agree that it is not the duty of local law enforcement to enforce the laws of the federal government, but states should not be able to make laws that are in contradiction to the federal government. I think the Supreme Court will have to rule on the states vs US medical marijuana issue eventually and I doubt it will be a victory for the states.

Posted by Russ on 04 Dec 08 02:28 PM EST
It is about time the police it spank by the courts, they are not above the law.

Posted by rachelrachel on 03 Dec 08 08:29 PM EST
There is no Federal ruling, by the way. There is no decision. The headline is misleading. SCOTUS decided not to hear the case. It doesn't mean they agreed with the lower court. It doesn't mean they disagreed. SCOTUS have established no precedent that needs to be followed, and it's possible that when a similar case comes up, they will pick it up and rule the other way. In the meantime, California law-enforcement officials aren't going to be enforcing the Federal anti-pot laws, but there's nothing to stop the Federal authorities from enforcing those laws should they see fit. There are thousands of cases that get appealed to the Supreme Court every year, and all but a handful are denied cert.

Posted by Larry on 03 Dec 08 06:10 PM EST
It is about time that the SCOTUS decided that it is not the job of local police to enforce federal laws against marijuana. Medical marijuana patients like myself that suffer should not have to. So said the people of California and for all of the thousands in our state who get relief from medical mj I thank you from the bottom of my heart. (I was put in a wheelchair by a drunk drive in 2002, not a pot smoker.) Bless you.

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