Medical cannabis law is not preempted by federal law

[K.J]

Dear ASA Supporter,


The U.S. Supreme Court refused to review a landmark decision yesterday in which California state courts found that its medical cannabis law is not preempted by federal law. The Supreme Court’s decision in Garden Grove v. Superior Court means that federal law does not prevent state and local governments from implementing medical cannabis laws adopted by voters or state legislatures. In short: federal law does not override state law on medical cannabis!

Yesterday’s decision follows three years of strategic legal work by Americans for Safe Access (ASA) in a California case involving the return of wrongfully confiscated medicine. ASA needs your help to keep doing important work like this. Please take a moment to make a special contribution to ASA today.

The Court’s decision has broad implications for medical cannabis patients in the 13 states where medical cannabis is legal, and signals a sea change in the impasse between state and federal laws. Better adherence to state medical cannabis laws by local police will result in fewer needless arrests and other problems for patients, allowing for better implementation of medical cannabis laws in all states that have adopted them.
Medical cannabis advocates should be encouraged by opportunities for change in federal policy with a new Presidential Administration and shift in Congress. But until now, federal pre-emption has haunted patients whose state laws allow for medical cannabis use. This decision further clears the way for state implementation and adds new urgency to ASA’s work in the nation’s capitol, where we have been working full-time to change federal policy since 2006.

ASA is working in the courts and in the halls of Congress to protect and expand patients’ rights – and we are making a difference. We have won important victories in court, made significant inroads in Congress, and helped reframe the national debate about medical cannabis. But we need your help to carry on. Please make a contribution to support ASA today.
Thank you,

Steph Sherer
Executive Director
Americans for Safe Access
P.S. Read more about the Supreme Court decision at www.AmericansForSafeAccess.org/USSCKha.

This is great news!

 

[cbf]

I got the newletter too...
Let's celebrate at 4:20 today guys, join in in the smokeout!

BUMP!

 

[chef]

Right on!

Damn, its 4:28 I'm late...

 

[linux420]

That's awesome news

 

[chef]

Does anyone know how this applies to the DEA's reply to Conyer's request?
I was reading over their reply to Conyer today & didn't see this ruling mentioned anywhere?
They seem very adept at ignoring anything that doesn't bolster their stance, don't see how they can ignore a supreme court ruling tho?

cheers

 

[mjboy]

thats great news and ill look for more info

 

[Deft]

Does that mean that local police will arrest federal agents if they go in to bust? Somehow I don't think so, at least not until Cali breaks off and floats off to join Hawaii lol!

 

[Tony Aroma]

Does anyone know how this applies to the DEA's reply to Conyer's request?
I was reading over their reply to Conyer today & didn't see this ruling mentioned anywhere?
They seem very adept at ignoring anything that doesn't bolster their stance, don't see how they can ignore a supreme court ruling tho?

The DEA's response was dated July 25, before the Supreme Court decided not to hear this case on Dec. 1. But as I understand it, the Court's non-decision only affects local LEO. They can't choose to uphold federal law over state law. The feds are still responsible, now solely responsible, for enforcing federal law.