Cops cannot choose Fed law over State law!!

An Oakland-based medical marijuana advocacy group today hailed a decision by the U.S. Supreme Court not to intervene in a California case concerning the rights of a patient who used the drug. The high court this morning refused to grant a hearing on the city of Garden Grove's appeal of a state court ruling requiring it to return one-third of an ounce of marijuana to patient Felix Kha. Garden Grove police seized the marijuana from Kha during a traffic stop in 2005. After discovering that Kha had a doctor's approval for use of the substance under the state's compassionate use law, the Orange County district attorney declined to prosecute. Kha then asked for his marijuana back, but the police refused on the ground that the marijuana is illegal under federal law. Last year, a state appeals court ruled that the police must return the medical marijuana, saying that "it is not the job of the local police to enforce the federal drug laws." After the California Supreme Court declined to hear the case, Garden Grove appealed to the U.S. Supreme Court, which in a brief order today rejected the appeal. Joseph Elford, chief lawyer for Americans for Safe Access in Oakland, said the high court action clarifies local law enforcement's obligations and should result in fewer needless arrests. Elford said, "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." The California attorney general's office filed a friend-of-the-court brief in the case supporting Kha's right to possess the substance.

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At last, the US Supreme Court has thankfully put an end to the frivolous legal claim that local police are obliged to enforce federal medical marijuana law. The court's refusal to take up the Felix Kha case is a propitious indication that they will likely reject the similar appeal by San Diego and San Bernardino counties . The time has come for both counties to implement the state ID card system and to make allowance for patients' cooperatives and collectives as called for in SB 420. - Dale Gieringer, Cal NORML > >Date: Mon, 1 Dec 2008 11:04:44 -0800 >From: Kris Hermes <kris@safeaccessnow.org> >To: DPFCA <dpfca@drugsense.org> > >--------------------------------------------------------------------------- >*PRESS RELEASE >Americans for Safe Access >For Immediate Release: *December 1, 2008 > >*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/do...s/Kha_USSC.pdf >Decision by the California Fourth Appellate District Court: >http://AmericansForSafeAccess.org/do...veDecision.pdf >Felix Kha's return of property case: >http://AmericansForSafeAccess.org/article.php?id=4412 > ># # # > >With over 30,000 active members in more than 40 states, Americans for >Safe Access (ASA) is the largest national member-based organization of >patients, medical professionals, scientists and concerned citizens >promoting safe and legal access to cannabis for therapeutic use and >research. ASA works to overcome political and legal barriers by creating >policies that improve access to medical cannabis for patients and >researchers through legislation, education, litigation, grassroots >actions, advocacy and services for patients and the caregivers. > >-- >Kris Hermes >Media Specialist >Americans for Safe Access >www.SafeAccessNow.org >1322 Webster Street, Suite 402 >Oakland, CA 94612 >Phone: 510-251-1856 x307 >Fax: 510-251-2036 >Email: kris@SafeAccessNow.org > >Americans for Safe Access (ASA) is the largest >national member-based organization of patients, >medical professionals, scientists and concerned >citizens promoting safe and legal access to >cannabis for therapeutic use and research. > >--------------------------------------------------------------------------- > >Attachment: http://drugsense.org/temp/LgwsABOUSR4R.html -- Dale Gieringer - dale@canorml.org California NORML, 2215-R Market St. #278, San Francisco CA 94114 -(415) 563- 5858 - www.canorml.org

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The California attorney general's office filed a friend-of-the-court brief in the case supporting Kha's right to possess the substance.

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