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State Medical Marijuana Laws Not Preempted By Federal Law

Green-Nubie

By Green-Nubie
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Green-Nubie Advanced Member

Green-Nubie

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Washington, DC

 

 

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://AmericansForS...ds/Kha_USSC.pdf Decision by the California Fourth Appellate District Court: http://AmericansForS...oveDecision.pdf Felix Kha's return of property case: http://AmericansForS...cle.php?id=4412

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peanutbutter Advanced Member

peanutbutter

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Isn't this story out dated or is this decision recent?

 

There has been no other federal case that has overturned this one.

 

Until this is overturned, it is the highest federal court ruling.

 

Bill Schuette is attempting to enforce federal law when a federal judge has already ruled against exactly that.

 

State officials have zero ability to enforce federal law.

State officials have zero responsibility to enforce federal laws.

 

That is what the federal courts have ruled.

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purklize Advanced Member

purklize

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If you have good health coverage, I would just visit some doctor once before getting certified to document whatever condition it is you're dealing with... but if you don't I can understand, health care can be prohibitively expensive, you can spend thousands with no results... I know this well, been without coverage for a very long time... I don't know anything about that clinic, i know the HEMMP Center has a doctor that comes in every once in a while. Best of luck to ya.

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purklize Advanced Member

purklize

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Yeah, in that case, it might be good to just go. But... here's something else to consider... no records clinics not only are shadier, but they cost more, I think it's usually like 200 or more... maybe go to a free clinic like the Hope Clinic in Ypsilanti? Just see a doctor there once, who knows, they might be able to provide additional help too with your health issues. They provide free prescriptions too (all for low income people). Don't expect to get any controlled substances though, they wont hand them out under any circumstances. Poor people dont break legs or suffer from migraines, so they don't need Vicodin or anything like that (sorry, but I think that policy is completely immoral).

 

Alternatively I don't think the doc at the HEMMP Center requires records, but I really cant remember, its been too long since i was told about him.

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HELP! Advanced Member

HELP!

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Somewhat off topic but again I found no logic in B.S. thinking. He states there must be a bona-fide patient/Dr relationship. SO if I go to a Dr too see if I qualify for mmj even though he is not my primary so long as he/she meets me face to face and examines medical records I believe that's bona-fied correct? Same as if you were to be referred to a specialist correct? Not your regular doc but a specialist in this field I assume or by logic makes it the same.

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Green-Nubie Advanced Member

Green-Nubie

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Somewhat off topic but again I found no logic in B.S. thinking. He states there must be a bona-fide patient/Dr relationship. SO if I go to a Dr too see if I qualify for mmj even though he is not my primary so long as he/she meets me face to face and examines medical records I believe that's bona-fied correct? Same as if you were to be referred to a specialist correct? Not your regular doc but a specialist in this field I assume or by logic makes it the same.

 

 

my mm cert doc gave me a better check up than my pain management doc does.

 

And the mm cert doc looked through all my records and told me things my other docs didn't mention, like it said in plain writing in my medical records i have degenerative disk disease he showed me the comments and test data..

 

I have never been told that before.. My real docs barly even talk to me anymore they walk in go yep yep yep, come back in a month.. who is the real quack???:lol: to be honest i wish my mm doc was my primary care doc. lol. at least he is honest and cares about my health.

 

Hell he even reviewed my latest mri and told me to find a new surgeon because the one i have had, screwed me up. (boy was he right)

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