U.S. Supreme Court:

FEDERAL LAW DOES NOT TRUMP STATE LAWS ON MEDICAL MARIJUANA

Last Monday, the U.S. Supreme Court Monday quietly, but
overwhelmingly destroyed the allegations by state law enforcement
that, "Federal law trumps state laws on medical marijuana."

The Supremes declined to review a lower court decision that ordered
Garden Grove, California, police to return marijuana seized from a
medical marijuana patient. In November 2007, the California Fourth
District Court of Appeal had ordered the marijuana returned, finding
that "it is not the job of local police to enforce federal drug laws."

This was the fourth shot the Supremes had at bringing down Prop. 215
and, instead, the high court handed us a silent, but deadly victory.
It may be a win by default, but it is most certainly a huge win,
perhaps our greatest win to date.

Felix Kha was pulled over by Garden Grove police in 2005 and cited
for marijuana possession despite showing officers his medical
marijuana documentation. The case was subsequently dismissed, and
the Orange County Superior Court ordered the police to return Kha's
wrongfully seized quarter-ounce of marijuana. Police and the city of
Garden Grove refused to return the pot, and appealed the ruling, but
lost in the state appeals court last year.

Incredibly, the Appeals Court correctly assessed the federal and
state laws on medical marijuana and found NO conflict. The justices
found that the federal laws were intended to stop drug ABUSE, while
the state laws rightfully addressed MEDICAL use, as provided under
the concept of Federalism.

Here is how the three Appeals Court judges put it:

"Congress enacted the CSA to combat recreational drug abuse and curb
drug trafficking. Gonzales v. Oregon, supra, 546 U.S. at p. 271;
Gonzales v. Raich, supra, 545 U.S. at pp. 10-13.) Its goal was not
to regulate the practice of medicine, a task that falls within the
traditional powers of the states. (Gonzales v. Oregon, supra, 546
U.S. at p. 269.) Speaking for the majority in Gonzales v. Oregon,
Justice Kennedy explained, "The [CSA] and our case law amply support
the conclusion that Congress regulates medical practice insofar as it
bars doctors from using their prescription-writing powers as a means
to engage in illicit drug dealing and trafficking as conventionally
understood. Beyond this, however, the statute manifests no intent to
regulate the practice of medicine generally." (Ibid., italics added.)"

The California Supreme Court refused to review the case in March.
Now, the U.S. Supreme Court has followed suit. The refusals to hear
the appeal means the two high courts have accepted the state appeals
court's reasoning that California's medical marijuana law is not
preempted by federal law and finally lays to waste the bogus claim
that state police can ignore state law and arrest patients, or keep
their medicine under federal law.

This is a huge win for all of us, because it removes one of the most
basic foundations of law enforcements recalcitrance in obeying state
marijuana laws and in upholding the rights of medical marijuana patients.

Special thanks to Americans for Safe Access and their brilliant
attorney, Joe Elford, for a job well done.