U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law
Medical marijuana case appealed by the City of Garden Grove was denied review today
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law is an outdated, harmful federal policy with regard to medical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
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