COURT BUSTS COPS CHOPS TO COP POT
LATEST U.S. SUPREME COURT REJECTED APPEAL REASON TO PUFF TUFF
So Cali/OAKLAND –The California Supreme Court has refused to grant a hearing on the city of Garden Grove’s appeal of a state court ruling requiring it to return one-third of an ounce of marijuana to a medical marijuana patient. The back story:
Garden Grove police seized the marijuana from Filex Kha during a traffic stop in 2005. After discovering that Kha had a doctor’s approval for use of the substance under the state’s compassionate use law, the Orange County district attorney declined to prosecute. Kha then asked for his marijuana back, but the police refused on the ground that the marijuana is illegal under federal law. Last year, a state appeals court ruled that the police must return the medical marijuana, saying that “it is not the job of the local police to enforce the federal drug laws.” After the California Supreme Court declined to hear the case, Garden Grove appealed to the U.S. Supreme Court, which in a brief order Monday rejected the appeal.
Joseph Elford, chief lawyer for Americans for Safe Access in Oakland, said the high court action clarifies local law enforcement’s obligations and should result in fewer needless arrests.“It’s now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law,” said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court. “Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state.”
This ruling has significant impact for both Riverside and San Bernardino Counties as both counties insisted that they did not have to enforce state law because federal law trumped state law. That argument is pretty much shot to hell. What this means for patients as well as what it means for San Bernardino’s absurd lawsuit to have Prop. 215 declared unconstitutional will be discussed at the December MAPP meetings. In addition the formation of a non-profit collective set to open in January in Riverside to provide patients with their medicine reliably, safely and affordably under the guidelines promulgated last August by California’s Attorney General’s office will be discussed. This is the ground floor opportunity for patient’s to get involved with forming the collective, so if you want to get your medicine reliably, safely and affordably, you need to attend one of the following meetings:
Wednesday, Dec. 3 at 7:30 p.m. – meeting held at the THCF Medical Clinic, 647 Main St. in Riverside 92501. Click here for a map.
Saturday, Dec. 6 at 3 p.m. – meeting held at the West Valley Patients Association, 19-486 Newhall St., Suite 102, North Palm Springs 92258. Mapquest cannot handle this address so to get an accurate map, go to www.googlemaps.com and in the Search Maps box type in the address: 19486 Newhall St. 92258. Wednesday,
Dec. 17 at 6:30 p.m. – meeting held at the Castle Inn, 1388 N. Golden Slipper Lane, Landers 92285. Click here for a map.
(Source: CBS News, MPP, Larry Swerdlow)