COURT BOLSTERS FEDERAL POT LAWS

The Supreme Court Rules U.S. Laws Supersede City and State Ordinances

Columbia's marijuana ordinances could come under fire from the federal
government because of Monday's U.S. Supreme Court ruling on medical
marijuana.

In the case Gonzales v. Raich, the court ruled in a 6-3 decision that
federal laws prohibiting the use of marijuana under any circumstance
override laws that states or cities may have passed.

"This decision gives the stamp of approval that the federal government
trumps the states on (medical marijuana)," said Rick Hardy, MU
political science professor and constitutional law expert.

The decision does not invalidate any of the laws passed by the 10
states or the numerous laws passed by cities. Anyone caught possessing
marijuana, however, could be prosecuted under federal
jurisdiction.

Supreme Court Justice John Paul Stevens, who wrote the majority
opinion in the case, said the circumstance of the two ill California
women does not invalidate the Controlled Substance Act.

"The Controlled Substances Act is a valid exercise of federal power,"
Stevens wrote.

Similar to Missouri state law, a federal conviction of marijuana
possession carries a maximum sentence of one year in prison and a
$1,000 fine, with similar punishments for higher degrees of violation,
possession or sale.

However, the federal government does not have a probation program like
the states, so any sentence must be fully carried out in a federal
prison.

Dan Viets, local attorney and board member of the National
Organization for the Reform of Marijuana Laws, said the ruling will
not affect the ordinance passed last November by Columbia voters.

"The important thing to remember about this decision is it maintains
the status quo," Viets said. "It does not invalidate any medical
marijuana laws."

Proposition 1, which passed by 71 percent in November , does not
legalize medical marijuana but reduces the penalty to a $50 fine. The
law is similar to Proposition 2, the marijuana decriminalization
ordinance which passed by 61 percent and reduces the penalty for
general marijuana possession of 35 grams and less.

The decriminalization ordinance has been under scrutiny since it
passed. The Columbia Police Officers Association is petitioning to
attempt to repeal the ordinance while several members on both sides of
the issue are working on a compromise.

Viets said 95 percent or more prosecutions for marijuana are handled
by the states. Although there is a risk the federal government can
prosecute an individual for violating the law, the risk is very low.

"People who are using marijuana medically are not likely to be
targeted for federal prosecution," Viets said.

Hardy said he was not sure how the ordinance would be affected, but
that the state would likely decide how to handle Columbia's medical
marijuana ordinance.

Hardy said the ruling did not come as a surprise. Prior rulings by the
court regarding the central issues of federalism and the United States
Constitution's commerce clause, which deals with interstate economic
interchanges, set precedent for this case.

"What we are seeing is an erosion of state autonomy," Hardy said. "In
the past, (medical marijuana) would be the issues of state
governments. Since the New Deal, we have seen massive growth the
federal government compared to the states."

Hardy also said any decision by the court takes some time to filter
through the various governments. It will be up to the Attorneys
General of each state to decide how to interpret the ruling.

The Missouri Attorney General's office said Jay Nixon's current
position on the law has not yet changed since this ruling.

Viets said the court said Congress was able to change the law
regarding medical marijuana, and his organization would be working on
several U.S. House bills to get a federal law passed protecting
medical marijuana.

"I think it really makes it clear that Congress needs to act on this
issue," Viets said.