Game Over: Federal Law Doesn’t Trump State Medical Marijuana Laws
California’s medical marijuana laws just received their latest legal vindication today – this time at the nation’s highest court. The U.S. Supreme Court announced that it will not be hearing a case lodged by the counties of San Diego and San Bernardino aimed at gutting California’s medical marijuana law. The two counties claimed that the federal law banning all marijuana trumped the state’s medical marijuana law.
The challenge was initially filed in 2006 at the San Diego County superior court after the counties had refused to implement the state-mandated medical marijuana identification card program. The superior court judge sided with patients and state law and strongly denied the counties’ claim. Last year, a state appeals court also ruled against the counties, and the state Supreme Court refused to hear their appeal.
The protracted legal battle has been a popular excuse among California officials trying to shirk their legal obligation to uphold the state’s medical marijuana laws. Now that the U.S. Supreme Court has decided against hearing the case, officials in San Diego, San Bernardino, and seven other counties not following the law have nowhere to go but to obey the will of the voters who overwhelmingly support medical marijuana laws.
Beyond California, the message should now be clear that hiding behind federal law is no longer a legitimate position to take when considering state-level medical marijuana laws.
Tagged with: California and San Bernardino and San Diego and Supreme Court by the author
69 comments
Nice to hear.
That still doesn’t help me. I could still lose my federal benefits if I have possession of medical marijuana.
slowly but surely my friends, keep up hope. one day i hope i can just purchase herbs from a local market…already rolled in different styles and tastes..and not have to hide and feel like im doing harm to society rather live an honest life where your though you feel like your trying right but on the other hand you have this massive big brother watching you. Let us live free and happy.
I’m thankful to hear good news, but Adrienne Rhew is right.
This is FANTASTIC NEWS!!!
THE WAR AGAINST AMERICANS IS ALMOST OVER!!!
Let’s keep fighting these politicians tooth and nail until these laws change to Protect Americans instead on Incarcerating Americans.
WE WILL PREVAIL!!!
Good news.
I understand not wanting to have to issue cards, and all the admin costs that go with it. How’s this for an idea? Get rid of the dumb laws in the first place prohibiting it!!! At the Federal level no less!!!
That surely would make things VERY EASY and MUCH LESS EXPENSIVE for those counties and even our whole country!
Down with the fear-mongers who think society would descend in to chaos due to marijuana being legalized and regulated like alcohol!
Hey California and U.S. Feds, want to save even more money? Let the people illegally in prisons OUT! Let them back in to society so they can be productive again! NOW!!! Stop harassing people over pot.
damn GOOD news,because this is exactly what some legislators were trying to hide from in MN battle for Med Marijuana
VICTORY!!
A next step (really ongoing, but it’s going to get more airtime in the near future) is the debate about whether or not marijuana causes harm (schizophrenia, male breasts, amotivation… all the usual suspects and probably some new ones for the news cameras).
That argument is unlikely to ever be fully resolved; in the words of Paul Simon, “A man hears what he wants to hear and disregards the rest.”
So, since we’re stuck with ambiguous evidence, including some studies that report to show marijuana at some doses can cause some harm to some people, an appropriate counter to “Marijuana might hurt the user” might be the well-worn LEAP recounter, “You can get over an addiction, but you’ll never get over a conviction.” Or it’s cousin, “If we’re concerned that marijuana might hurt somebody, let’s think about what prison might do to them.”
This won’t work for everybody, but there really are some folks out there who are genuinely concerned that mj might be truly unhealthy. Rather than trying to convince them otherwise, we might consider acknowledging the possibility of some minor, infrequent negative effects and let them compare that to the unhealthy effects of prison (and property forfeiture, and loss of financial aid, and as much of the rest as seems appropriate).
Bottom line: Even some people who don’t think mj is a good thing might come around to realizing that prison etc. is even worse.
And congrats to mmj patients in California! A big day!
WOW this is great news!!! Its gonna be one step at a time,but this is good news,if everybody will keep educating people with the facts and only facts it will only get better for us all.
what i don’t understand is this….why doesn’t NORML and MMP and other mj advocates tackle federal law, where the government (in their infinite wisdom), has made marijuana a schedule 1 substance… obviously there are going conflicting areas in the law until these assclowns finally take marijuana off the schedule 1 list. that category is for drugs with no medicinal value(which is obviously bullshyt…otherwise the government wouldn’t still be giving a few select patients 300 joints a month since the 70’s and developing marinol for that matter)…and for drugs that are extremely addicting and dangerous. um….pot isn’t physically addictive and its the most benign drug around…otherwise show me some bodies.
isn’t there some great lawyer that wants to take these lying sacks of shyt on?
Ive been asking myself that same question Karyn… Why doesn’t someone just sue the federal government over the fact that marijuana is a schedule 1 narcotic with no medicinal value. Since the feds are shipping bud to a select few patients and even gave a U.S. patent to a pharma company to produce marinol. It seems with that evidence that the feds have already deemed that marijuana does has medicinal value.
Freakin’ hypocrites.
WOW!!! That is the most AWESOME news I have ever heard! And that is right Karyn. According to the US DRUG ABUSE WARNING NETWORK the annual deaths caused by “Marijuana” CANNABIS is (drum roll please)………. 000,000 WOW!!! More people die from cigarettes 440,000 and Alcohol 85,000.
I am going to light one up and celebrate this SPECTACULAR news!!! You guys should do the same.
Check out my stories on iReport.com FREE THE WEED!!!
Nice to see the courts standing up for what is right.
This sets the stage for all other States to follow. It’s all about voting in individual States from here on out. Wow, I’m actually excited again. Go! Californians!
BIG ORANGE THANKS FROM TENNESSEE !
wow finally some great news lets ride this wave to end prohibition and stop erroding our rights as citizens of this great country. i don’t think people have any idea how much this evil drug war has systematically stripped their civil rights. lets end it now defore this thing makes the constitution just another historical document.
Here is one for ya. The LAW against CANNABIS was passed under false pretenses. The law of FALSE PRETENSES states that if you knowingly misrepresent information or facts to take possession of ones property, services, etc… that you must make it right. Give their money back or the property, services, etc… Where are the trillions of dollars that we could have made off the distribution of Cannabis products since the 30’s. Why aren’t there any charges being braught up against our government for the money that they have cost us in trade. And the money for fines we have had to pay. Why when a law was passed with false pretenses are we even honoring it as LAW? How’s that for MIND BLOWING!!! Think about it. Where is the lawyer with the balls to take THAT case?
Tennessee Activist is right!
State legislators can no longer hide behind the excuse that just because the federal government says it’s illegal, that they can’t legalize medicinal marijuana.
So here we go! One state (or many) at a time!
What a breath of fresh air.
This country is totally out-of-balance, and it is almost entirely the Judiciary (read: The Supreme Court) that have allowed it to happen, thus hobbling this great nation.
Finally some god-damned sanity from the illogical buffoons.
Thank God and the US Supreme Court! Now we in Minnesota should have NO TROUBLE passing our medical mj bill since the feds can no longer interfere with this particular state law.
That is, unless our Governor continues to turn a blind eye (which in all probability he will) and allows this insane public policy to continue. I sent him a letter last week regarding the end of MJ prohibition and passing the medical mj bill that’s before him and I got an e-mail back that he’d respond to me in two weeks – which happens to be AFTER this legislative session ends!
We must all continue to work and write letters and protest against criminalizing pot!!
And to think that this came from a RIGHT-LEANING court is amazing!!!!
WE need to continue the fight in all states now that the Supreme Court has spoken.
Zogby Poll:
ONLY 37% of Americans Oppose Legalizing, Regulating and Taxing marijuana for personal use!!!!
In other news:
“BREAKING NEWS Gallatin Co. Sheriff Accused of Selling Marijuana
GALLATIN COUNTY – Long time Gallatin County Sheriff Raymond Martin is facing numerous federal drug and weapons charges.
According to the complaint “Martin delivered one or two pounds of marijuana to a confidential source on the average of one time every two weeks. On two additional occasions, Martin delivered approximately twenty pounds of marijuana to a confidential source.”
The federal complaint states that “Martin told the confidential source to sell the marijuana for whatever amount the source could get out of it, stating that it was all profit.”
The complaint says Sheriff Martin wanted to split the profits 50/50 with the confidential source.
Federal agents say they have audio and video surveillance records of Martin and the confidential source meeting in rural areas to exchange the cash and drugs.
The complaint said Martin contacted the confidential source in November of 2008 to start selling the marijuana.
Federal agents also allege that Martin was using his sheriff’s department vehicle to transport the drugs.
Martin was first elected sheriff in 1990.”
This land is your land, this land is my land! Sing it with me!
WEEEE THEEEEE PEEEEEEOPLEEEEEE KNOWWWW HERBBBB IS THE HEALING OF THE NAATIOOOOONNNNNNNN!!!!!
This is good news to an extent I guess. I am just so sick of peps talking about this state to state legalization. The FEDERAL GOV should be legalizing it. I just hate what I do on a reg basis, I wake up go to work come home check out my medical marijuana websites and get depressed. I am 30 and I have been doing this for 5 years give or take. I know alot of people have waited alot longer but wow I am about to snap. All I hear is chill it’s going to happen bla bla bla How many years do I have to hear the same ol stuff? Tell me that? I am happy for all the very positive people out there I was like that at one point too. All I can do now is pray.
Continue to (intelligently) pester your local representatives about all marijuana. Remind them of the unjust and immoral nature of such an inappropriate war. Also, embark on conversations among friends and family outlining the nonsense known as the War on Drugs, and eventually Prohibition will cease and liberty restored!
well even though Palenty as it sounds still uses his old as hell crutch and is standing behind the law enforcement ones who keep saying all their false reasons against this bill in Mn,even if he vetoes i think it still can be overturned.But as some leaders have opposed this due to the Fed deal as it WAS canot use this as a reason anymore,FED LAW no longer TRUMPS STATE LAW.all i can say is i hope its true and stands.
That really is good news that the Supreme Court refused to interfere in States Medical Marijuana Programs.
I also have been preaching about the OBVIOUS hypocrisy in that Marijuana is still in the Schedule 1 Category. They couldn’t call themselves Justices if they were to override States and harass sick and dying people. There is no justice in that.
Thank you, Supreme Court. You all made a wise decision. Now true justice and common sense would dictate that it be placed in Category 3 so that Doc’s can prescribe it without any fear or better yet, schedule 4 in which it would be REGULATED and TAXED.
Categorizing drugs and placing marjuana on the Schedule 1 Category was all done by president Nixon back in 1970. There were no doctors or specialist involved, it was just Nixon’s own creation. Is it imposible to go through those acrchives and trace back the time line and understand how it all came about and why? Does anybody ever question its validity, and what purpose it serves? Doctors don’t benefit from it and neither does the public, but who does it benefit and why? Does any of the three branches of government have the power to investigate this document.
Yes PLEASE, let’s get a lawyer in favor of Legalization to sue the Federal Government. Let me know when and I’ll send money to further the cause !!
BTW, enoyed your comment adrienne rhew and Karyn, very much so. Thank you.
does this mean counties and cities that have suspended or not allowed dispensaries will now be forced to do so?
Today was a good day, but the DEA is still raiding clubs so we are a long way from being in the clear….
The only thing left that bothers me is that the government can change its mind and its policy anytime it wants and continue the raids. Am I wrong? Please tell me I am.
i think alot of the mess this country is in now started with nixon, that aside im with robert i would rather take a hit ever now and again then drink a beer. i know how dangerous cigarettes and alcohol really are, i see it every day in the er. i never see any weed related problems, except for the legal penalties which are not of the drugs creation. i think i will still just have to wait and look for ways to bring up the subject and debate every one opposed to legalization using the ammunition i can find here. spread the word to all heads to debate using the facts and shoot down the rhetoric that seems to spew from the mouth of every one opposed. it seems like they don’t need facts to back their arguments for prohibititon i hate that about their side.
This is GREAT news for us patients in San Bernardino County. This county and it’s sheriff have been waging a reign or terror and brutality on patients for years! It’s time for things to change and this is the first big step, we will be demanding the ID program be implemented Tuesday, May 19 at 11 a.m. at San Bernardino County Board of Supervisors meeting at 385 N. Arrowhead Ave. in San Bernardino 92415
This is good news but what about this email I recieved from MPP today? What the hell is this “Committee” for. What the hell is my Iowa senator and others doing? Heres the email>>
This just came in my email from mpp. This is what I have been think would happen. they are going to ignore the voice of the people and over turn ANYTHING that WE THE PEOPLE vote for. The constitution means nothing to them.
From Marijuana policy project:
Tomorrow morning, a committee in the U.S. Senate will consider an amendment that could undo the state medical marijuana laws that voters and legislators in 13 states have worked so hard to pass.
Your senator, Tom Harkin (D-Iowa), sits on the committee that will vote on this amendment. Please take action to stop this amendment before the committee vote tomorrow by calling Sen. Harkin’s office right away.
While MPP has not yet seen the exact text of the current amendment, Sen. Tom Coburn (R-Okla.) introduced a similar measure in 2007, and we believe this amendment will closely mirror the 2007 version. That amendment used a nefarious technique to attack medical marijuana patients and caregivers by allowing the FDA to possibly stop effective state medical marijuana laws. Sadly, Sen. Harkin voted in favor of this amendment when it came up in 2007, which means it’s critical that he hears from you.
Will you please help prevent Sen. Coburn’s anti-medical marijuana amendment by calling Sen. Harkin’s office at 202-224-3254?
I would say the fight has just started that will end this one way or the other, once and for all.I hope this sends my senator harkin and grassely packing!!
With SCOTUS affirming indirectly the valid status of cannabis as a medicine, AG Holder finally has support for rescheduling the drug from I to II–and especially given the CA suit requiring the US to provide “truthful information”… The floodgates are open, and the waters are about to come through. Those of us in constant pain welcome the new baptism.
roe
the wiskey generals will not give up their kingdom without a fight. i am not to jaded or cynical yet to believe the good side will eventally prevail even though they posses the upper hand right now. alcohol and cigarettes are far more dangerous than marijuana but in moderation there is room for them, the same is true of marijuana. “we the people” this is our country, lets get these evil politicians out of our hallowed countries halls! they have another thing coming if they think that their personal agenda’s get decided the fate of our country. lets take it back.
Great news but a long way from being able to walk down the street and see a 75 year old couple sitting at a small table outside of a coffeeshop twisting a nice joint of White Widow like I did 2 weeks ago in Amsterdam………………
Next chance I get I’m going to piss on Nixon’s grave.
C: r u dr. or a nurse?
I don’t like the fact that the opposition NEVER seems to offer any facts for their side of the debate. Just the same old propaganda that they have been using that we all know is a lie. Which is why they are going to lose. JUST because they are the government doesn’t mean that they will win. We are fed up with lies and having our freedoms taken from us. Maybe not right now, but we will get fed up enough to rise up if they don’t listen. The last thing our country and our government need right now is a civil war, so they WILL listen, or We will ALL see a very sad day in America. But that is how America was started fighting for freedom. And we will do it again if we need to.
Mark in Glenolden Pa “next chance I get I’m going to piss on Nixon’s grave.” Nearly fell out of my chair laughing. I’ll be 60 this August. I thought my generation would stop the non-sence surrounding the legalization of MJ. I’ve been waiting so long for the day. Keep up the good work MPP, we are with you.
Pa…”
The Controlled Sustance Act of 1970 is absolutely the main reason why marijuana will never be legalized. It has become the United States Five Commandments. It overides everything in this damn universe. The DEA, the guardians of the The Controlled Substance Act, will not ever let you change it, because it was created by their god, Richard Nixon. If only president Obama takes this injustice seriously along with congress, maybe more studies and research can be done, but the late president Richard Nixon says, “NO”. No matter what the truth is, the late Richard Nixon says, “NO”. It his sick way of saying, F**K YOU!
Most Politicians have no fear of God. That is their weakness. The Creator gave us Freedom and Choice, and Politicians always want to take our choices and Freedoms away. On Judgement Day when we have to answer for all the choices we have made I would hate to be a Politician who discriminated against and persecuted sick people!!!!!!
well we gotta wait nd see wut happens, i herd Alaska, Nevada, nd calfi might be the first to legalize it. We all gotta wait nd see nd it will Happen =).
This is change I can believe in!
Yes We Cannabis!
Some people are actually for the stupid insane law that’s just how brainwashing the government has done with a useless and non working drug war. Does this mean state laws don’t matter and the Feds can now jump in any time they want to. Just what is our country turning into here when we don’t give people the relief they need instead we let people suffer from sometimes unimaginable pain like I have with RSD (Reflex Sympathetic Dystrophy)
Hey Danny,
I’m 50. Maybe this will start a trend. I know it sounds funny and originally it was a joke. But I was thinking: If enough people go and piss on Nixon’s grave, they’ll (law enforcement) be so caught up with arresting urinaters that they won’t have time to arrest pot smokers (or anyone else for that matter). Plus, eventually they’ll have to invest a lot of money protecting a criminals grave – perhaps with a barbed wire fence. How fitting.
The day is coming when freedom will be reclaimed. If we can change prohibition,we can change the nation in so my other ways. This change will prove to ALL, one voice among the many DOES matter! Don’t let your voices be silenced!
Why can’t we have the same laws all over the country? Why the disparity from state to state? I thought this was the UNITED STATES OF AMERICA! Here in Arkansas we are no closer to having legal assess to medical marijuana than putting a man on the sun!
I am so proud that the courts in California are seeing that the people voices are strong and that medical marijuana has a place in that state among others, but we need the President and Congress to give ALL sick and hurting people all over this country the ability to use medical marijuana! There are people that are running out of time because of being forced to use pharmaceuticals to relieve pain and in turn making them even sicker from said legal drugs that can’t wait for the Government to make up there damn minds on this issue. I for one am damn tired of waiting!!!Anyway Congrats California because it is about time.
Just a side thought: Does It just strike me as our government is doing everything it can to KILL our economy? Does anyone else see this? Is this driving us to a revolution?Does anyone else see this?
This is good news and shows progress but here in Texas our elected officials are actually tightening up on the existing laws, going the other direction. It still remains to be seen whether or not a medical marijuana bill currently waiting in committee will make it to a vote. What we need is for the Fed to actually make the medical defense universal. With over a million projected arrests this year, our government is still waging a war against its own people regardless of what they choose to call it.
This will surely help Charles Lynch’s case…let us pray…
Yea I like how they lost, as i am schizophrenic bi polar with ibs. I run the risk of losing my food stamps not that im that attached to eating. I also have a 2200 square foot house that i have to pay for because i cant smoke in the projects. So keep talking about all the money they lose to fight marijuana legislation. So yea I get 1 social security check for 450 dollars total cause i get 25 from ssi 2. So I get to keep _____ being disabled. I say being disabled cause if i wasnt disabled I would be drinking and working. Stop putting down sick people. Dont you know youve got to shock the monkey.
So my question is does this mean the federal goverment has to let a medical marijuana defense in court?
The Constitution… is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.
Thomas Jefferson, letter to Judge Spencer Roane, September 6, 1819
It is Unconstitutional, cruel and inhumane to deprive people of treatment that works for them. This was true before the Court’s recent ruling, and would be so regardless. Now if we can just get our politicians to read the Constitution of the United States and get government’s nose out of the rest of the private, personal business of the citizens of this great nation, this country will finally be free as God and our founding fathers intended. As for the prohibitionists of some California counties and their ilk, the day of reconciliation is coming. For prohibitionists’ crimes against humanity, this nation deserves nothing less than open trials, convictions and lengthy prison terms for all the guilty, and full war reparations paid to all those who have suffered so long and wrongfully.
Indeed my friends this is a step in the right direction. Unfortunatly, I am reluctant to use the word “victory”. Now don’t get me wrong, I would love nothing more than to indulge in the greener things in life without hiding like a criminal, but we must keep in the back of our minds the struggle continues. In the words of the late and great Bob Marley, “Don’t let them fool ya….or even try to school ya.”
Keep strong and continue fighting the good fight and I promise you, WE WILL WIN!
Oh, and if anyone wants to talk some more you can find me on facebook…I like meeting new people all over the world and exchanging ideas, I’m weird like that ; )
Now we need to inform the local police of the laws. They are still breaking down doors and ripping out legal, med mj cultivations, despite proper documentation showing it is legal.
What is this going to do regarding the ‘bans’ in San Bernardino county as well as Riverside?
so many stupid people are lazy and happy with their bud, never participating in any peaceful efforts to bring about change. marijuana is still illegal because of them. together we can work peace, divided, we lose.
horay my fellow america’s. mission accomplished, oh wait perhaps I speak to soon.
This is great news for medical marijuana. Now let’s legalize recreational cannabis starting with California.
If you live in California, YOU can make it happen. Tell your representatives to support California Assembly Bill 390. It’s easy. Visit yes390.org
OK, I have read all of the comments and everyone is voicing good points but no one seems to have a valid approach for resolution. I believe I have found one to address all concerns. Google: Continental Congress 2009. You can also go to http://www.PeopleWeTheFree.com. Robert Shultz is someone we need to support. He is attempting to peacefully restore Constitutional Order. If we are successful, all of the wars against humanity will be abolished in a very short time. When we restore the constitution the federal government will have to do as we the people say. Our government works for us and we need to remind them who works for whom. Once the federal government is put into their place, the state and local workers will fall in line as well. We have the power to lawfully take control of our country as our founding fathers established in the constitution.
“With realization of one’s own potential and self-confidence in one’s ability, one can build a better world.”
….Dalai Lama
Finally this is nice to hear I’m not religious but the marijuana plant is obviously a growing plant and hear for some reason. I just don’t see why for one the government won’t see that the drug war itself is a losing battle and just admit that they lost the war, what it’s been over 40 years and they haven’t accomplished a thing with it. I can see other drugs being illegal but marijuana come on
if it’s legalized, what’ll happen to the medical marijuana cards and dispenseries? when it’s legal, why would anyone need a medical marijuana card?
what the hell does that have to do with my queation?
[...] Originally Posted by hotair2 Good luck with that. The only problem even if it were successfully passed by the states is that federal laws trump state laws. Sorry the constitution gets in the way. You might as well have them opt out of civil rights legislation..Crap they can even make slavery legal again, forbid abortions. This is just an attention getter it serves no purpose. I am not a lawyer but I don’t think that is true in every case. Game Over: Federal Law Doesn’t Trump State Medical Marijuana Laws — MPP Blog [...]
[...] California Beyond California, the message should now be clear that hiding behind federal law is no longer a legitimate position to take when considering state-level medical marijuana [...]
It’s just another way for the goverment to get out hard earned money. Alcohol is the biggest killer in “drug” use! They made that legal because they couldn’t make money off of it underground! Let us be happy with our pot!! It helps so many aliments that anything good for the body and mind, “they” don’t want us to have. Join together and let’s fight!!
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