I wouldn’t read too much into this decision, but still an encouraging step.
The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from November 28, 2007, ruled that “it is not the job of the local police to enforce the federal drug laws.” The case, involving Felix Kha, a medical marijuana patient from Garden Grove, was the result of a wrongful seizure of medical marijuana by local police in June 2005. Medical marijuana advocates hailed today’s decision as a huge victory in clarifying law enforcement’s obligation to uphold state law. Advocates assert that better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. In turn, this will allow for better implementation of medical marijuana laws not only in California, but in all states that have adopted such laws.
“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.”
[From ASA : U.S. Supreme Court: State Medical Marijuana Laws Not Preempted by Federal Law]
The Republican hatred for States rights – solely when applied to marijuana – is hypocrisy without even a pretense of rationality. From my perspective, the pendulum is swinging towards a liberalization of drug laws. US prisons are too full of non-violent drug offenders, costing cash-strapped state governments real dollars to house and feed them. Many states are using ballot initiatives to enact medical marijuana laws that politicians are too cowardly to initiate themselves, I have a sliver of hope things might be getting better. Of course, Biden is a hardened drug warrior, but perhaps he’s had an awakening of sorts as well.
9 of 13 states with medical marijuana got it by ballot initiative.
We need NATIONAL (and improved) ballot initiatives to really check and balance “government against the people” like prohibition laws.
The most evolved project for national ballot initiatives is led by former Sen. Mike Gravel. Registered voters can now vote to ratify the National Initiative for Democracy at http://Vote.org, much as citizens ratified the Constitution at the Conventions when the Legislatures wouldn’t!
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.