U.S. Supremes turn down opportunity to gut California’s medical marijuana protections
The forces that have been working to undermine California’s Compassionate Use Act suffered another legal defeat today – this time from the U.S. Supreme Court.
The nation’s highest court refused to hear an appeal in the case of Garden Grove v. Superior Court of California, et al. In this case, the police department for the City of Garden Grove – in defiance of a court order – refused to return marijuana that an officer had seized from a state-legal medical marijuana patient. In October 2005, the city appealed the court order, arguing that it couldn’t obey state law by returning the marijuana because doing so would amount to a federal crime. The state’s Fourth District Court of Appeals sided with the lower court and ruled that “it is not the job of local police to enforce federal drug laws.”
The city was unhappy with the landmark ruling and took its case all the way to the Supreme Court, which has now officially denied that request for review.
It looks like the debate over whether state and local law enforcement officers (who conduct about 99% of marijuana arrests) need to enforce state-level medical marijuana laws has finally been put to rest.
Tagged with: California and law enforcement and Prop 215 and Supreme Court by the author
7 comments
Yes, score one for the good guys !!! Nice to see some judges understand state and constitutional rights still !
…. about time. Don’t our Federal Courts have more important issues to tend to now! Marijuana is not the problem!
Unfortunately, denial of cert is hardly a resolution of the issue. It just means that the issue is one that the court wants to dodge for now. The issue can come back up to them in any number of cases until they accept cert and give a ruling on the merits. Sorry to be a party-pooper.
[...] 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 [...]
Maybe the denial is because the issue has been decided…..just that no one is getting it yet. This is one of several examples:
The CSA contains no specific language stating that it was the intent of Congress to preempt state laws establishing accepted medical practice. On the contrary, the CSA actually contains language that says Congress did not intend to occupy the field of medicine traditionally regulated by the states. That field includes setting standards for use of drugs in that state. 21 U.S.C. § 903. See Gonzales v. Oregon, 546 U.S. 243 (2006).
In rejecting any attempt by the Drug Enforcement Administration (“DEA” hereafter) to define accepted state medical practice, the U.S. Supreme Court held: “The Government, in the end, maintains that the prescription requirement delegates to a single Executive officer the power to effect a radical shift of authority from the States to the Federal Government to define general standards of medical practice in every locality. The text and structure of the CSA show that Congress did not have this far-reaching intent to alter the federal-state balance and the congressional role in maintaining it.” Gonzales v. Oregon, 546 U.S. 243, 275 (2006)
It’s fairly obvious that marijuana no longer meets the congressionally required finding for inclusion in Schedule I of the CSA (”no accepted medical use in treatment in the United States”). Last time I counted, there were 13 States that had accepted medical use of marijuana. Perhaps marijuana had no accepted medical use in 1970 when the CSA was created, but no longer. Now the shoe is on the other foot, the DEA is violating federal law by refusing to regulate within the confines set by Congress.
Carl Olsen
Iowans for Medical Marijuana
Post Office Box 4091
Des Moines, Iowa 50333-4091
515-288-5798
http://www.iowamedicalmarijuana.org/
So, let me get this straight. It was Chief Justice Roberts who issued the ruling. Roberts is a Bush appointee. Bush famously said in an interview in 2000 when he ran for President that he would appoint Judges who would “leave it up to the states,” when it came to legalizing marijuana.
Shouldn’t Bush be getting the credit here for following through on his promise? A, sort of, last minute hurrah! to freedom lovers nationwide.
Let’s enjoy it while we can. Certainly Obama’s AG Eric Holder doesn’t hold out any promise of being a friend of liberty.
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