U.S. Supreme Court Denies Appeals
May 19th, 2009 by Rick
A case that has gone all the the way to the U.S. Supreme Court has been rejected today, striking another blow for state medical marijuana laws.
Three years ago, some lawyers for San Diego and San Bernardino counties in California tried to claim that the state violated federal drug law when they legalized medical marijuana. These counties refused to issue medical marijuana cards in accordance with the medical marijuana law and dared to take the case all the way to the top. In a serious negative track record, the counties lost in:
- the initial state trial.
- the appellate courts.
- the state Supreme Court.
- the U.S. Supreme Court.
They were even threatened with a lawsuit from San Diego NORML, back in 2005 for not complying to the state law when they held back from issuing medical marijuana cards. The Justices today, flat out denied a hearing to the counties.
So now, out of all other legal options, the counties have to finally abide by state law and issue medical marijuana cards to patients and stop arresting medical marijuana patients.
Thomas Bunton, a lawyer in the San Diego County counsel’s office said:
The cards are objectionable because the state law authorizes individuals to engage in conduct that the federal law prohibits. [...] We are disappointed that the court did not take the case to resolve what we believe was a conflict between federal and state law.
As far as this case went, it was the sole one that threatened the state medical marijuana law. Joe Elford, lawyer for Americans for Safe Access said:
No longer will local officials be able to hide behind federal law and resist upholding California’s medical marijuana law.
Elford said that this case will provide ammunition for other cases pending — where other counties are still holding out from issuing medical marijuana cards.
Either nobody wants to deal with the hot potato that marijuana becomes in the news or the Supreme Court doesn’t want to rock the boat, lest it too gets swallowed by the sea of green. At any rate, the fact that it is once again left up to state law is a good sign of things to come.
San Diego vs MMJ Laws: Supreme Court Round
January 20th, 2009 by Alex
After getting a smackdown from the California Supreme Court, San Diegan legislators, led by Bill Horn (R-San Diego) from North County, are seeking to overturn state medical marijuana law by appealing to the Supreme Court of the United States (SCOTUS).
County officials sued the state in 2006, and after they lost, an appellate court refused to hear the case. Most people would stop at that point, but San Diego is being stubborn as all hell.
Horn said plans are, “To take it as far as we can and get a definitive answer,” since the state’s highest court was apparently not clear enough with their definitive answer of ‘No’ to the county’s lawsuit.
Luckily for us, the Supreme Court doesn’t just take any case thrown its way. A lawyer representing San Diego said the court would probably decide by June whether it would hear the case. Let’s hope SCOTUS tells San Diego to quit the shenanigans.
Big Win for State-Level Medical Marijuana Laws
December 2nd, 2008 by Alex
Today is a good day for California’s Compassionate Use Act, and it’s ironically due to a landmark non-decision by the US Supreme Court.
How does a non-decision affect anything? Well, let’s start from the beginning…
In June 2005, Garden Grove police pulled over Felix Kha and seized his medical marijuana. Felix sued, not necessarily for the return of his pot, but to uphold patients’ rights in California. Law enforcement argued that seizure was necessary because federal law trumps state law.
Finally, two years later, the Fourth District Court of Appeals ruled in favor of Felix Kha, saying that local police are not paid to enforce federal drug laws.
Garden Grove wasn’t too pleased with this, so they took the case all the way to the Supreme Court, who officially refused to hear Garden Grove v. Superior Court of California, et al.. This means the lower court ruling stands, and over 90% of police traffic stops that result in seizure of medical marijuana will now be drastically reduced.
As far as court decisions go, this is a big one, and significantly strengthens the position of medical marijuana patients in California and other states with medical possession laws.
CA High Court Rules on MMJ Case
November 25th, 2008 by Alex
A recent ruling by the Supreme Court more clearly defined California’s medical marijuana laws, by creating a precedent for law enforcement to prosecute those who supply MMJ without proper licensing.
Americans for Safe Access, one of the leading MMJ advocacy groups, said ideally the ruling would not have a “tremendous effect” on supply, other than to encourage licensed medical card holders to purchase their medicine from a legal, state-licensed grower as opposed to “on the street.” The case is one example of the many lawsuits anticipated by the ambiguities of Prop. 215, the legislation which legalized MMJ in California in 1996, but failed to address its regulation or dispensation.
Earlier this year the court found employers could fire MMJ users who tested positive for the drug after using it away from the workplace. State Legislature responded by passing a law which would have overturned that decision, but it was vetoed by Gov. Arnold Schwarzenegger.
This ruling further narrows the scope of Prop. 215 which, although unfortunate for most unlicensed growers, might be a step in the right direction for legitimate supply chains. With that potential legitimacy, more weight is added to the ultimate goal of legalization. Now we just need to see if it pans out as expected.
California Supreme Court Backs MMJ
October 17th, 2008 by Perry
In a resounding victory for medical marijuana activists, the state supreme court of California recently denied a request to hear the county’s attempt to repeal MMJ laws. The San Diego Union-Tribune says the decision is “an affirmation of the legitimacy of state medical marijuana laws,” according to Adam Wolf of the American Civil Liberties Union.
The ACLU actually worked in conjunction with Attorney General Jerry Brown’s office to fight the case against the county, which has spent about a year or so in court due to the county’s appeal efforts. The lawsuit filed by San Diego, San Bernardino and Merced County in 2006 was tossed out by two lower courts. The state Supreme Court’s refusal to consider the case Thursday ends the matter, which means it’s time to use the gas lamps to spark up some doobies.
By the way, earth to San Diego: you’re like 10 minutes from Tijuana, Mexico. I wouldn’t worry so much about a little medical marijuana… probably not their biggest concern.
