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Monday, May 18, 2009

Put That in Your Pipe and Smoke It

Posted by on Mon, May 18, 2009 at 10:51 AM

The Supreme Court has just refused to hear a case from two California counties that argued they shouldn't have to comply with the state's medical-marijuana law because all marijuana use is illegal at the federal level.

The case stems from a challenge in 2006, in which San Diego and San Bernardino Counties argued that they could ignore a California law that requires counties to provide identification cards to medical-marijuana patients, who are required to have a doctor's note to grow or possess pot. Seven other counties also refused to provide the cards, which essentially granted cardholders immunity from arrest if they appeared to be complying with the law. State courts decided the counties must issue the cards. But the counties thought the federal court would give deference to federal law, which makes no exception for marijuana use by sick people, over state law. But by refusing to hear the case, the Supreme Court guts the argument that local governments can ignore any state drug law that doesn't jibe with federal rules. "The courts have made clear that federal law does not preempt California's medical marijuana law and that local officials must comply with that law," Joe Elford, Chief Counsel with Americans for Safe Access, a national medical marijuana advocacy group that represented patients in the county's lawsuit against the state, said in a statement.

The question now is whether Washington state would push for a similar identification program. As it stands, a patient here must tote around a doctor's letter—which could be easily forged and police often doubt the authenticity of—to prove medical necessity to grow or possess pot. A state registry would be a mostly foolproof authentication of a patient's right to possess marijuana and could reduce arrests; however, many patients are concerned that personal data would be used by law-enforcement officers who seek to harass them.

 

Comments (8) RSS

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1
Refusing to grant cert does not “gut the argument.” The Supreme Court’s refusal to hear the case has no legal effect, and does not show that the Court agrees with the lower court. The Court only hears a few cases a year, and it chooses those that suit its agenda. It may have refused to hear this case because it thinks the Ninth Circuit got it right, or it may just want to let the issue percolate in the lower courts before it considers the federalism agreement. By refusing to hear the case, it leaves other jurisdictions free to adopt the argument that federal drug laws trump state drug laws. Nothing is gutted, at least not beyond the Ninth Circuit’s jurisdiction.
Posted by though I wish it were gutted . . . on May 18, 2009 at 11:03 AM
2
Pot is for Jackasses.
Posted by Don't Be A Jackass Forever on May 18, 2009 at 11:06 AM
Dominic Holden 3

@ 1) As a result of the Supremes refusing to hear this case, the nine counties are essentially compelled to issue the cards. Thus, this shows that federal rules prohibiting medical marijuana don't automatically trump local drug policies, as the counties had argued. That's the argument we always hear--that federal law always preempts local pot laws--and that's obviously not the case every time.

Posted by Dominic Holden on May 18, 2009 at 11:16 AM
4
Maybe I am splitting hairs, but the imposition of the requirement on the nine counties results from the Ninth Circuit’s holding (although there may have been a stay on the holding until the Supreme Court granted or refused cert). My point is the Supreme Court’s refusal to grant cert is not a sign of approval; it has no precedential value, and leaves other circuits free to come out the other way. For example, the Second Circuit in NY could hold that federal law does trump state law, and that NY counties are not bound to comply with state drug laws that conflict with federal law (were NY to follow CA’s lead). Like with marriage equality, you could have a patchwork of rulings from different jurisdictions.

California state laws certainly won the day, but the opposition’s argument is not gutted. The Supreme Court could grant cert on another case at a later date that addresses this same federalism argument, and there is the possibility that it would overrule the Ninth Circuit on this issue. That is all I am saying.
Posted by though I wish it were gutted . . . on May 18, 2009 at 11:36 AM
Max Solomon 5
@2: what does that have to do with the issue at hand? alcohol causes far more jackassery and it's legal, so the answer is IT HAS NOTHING TO DO WITH IT.
Posted by Max Solomon on May 18, 2009 at 11:49 AM
6
The one thing you forgot is the cost of the cards...$250.00 a year is what the patients pay and when they only get $647.00 a month from Social Security it is a finical burden when that money could go to their medicine....soon there will be a I-692 card at a cost every patient can afford
Posted by Dale Rogers on May 18, 2009 at 11:51 AM
Will in Seattle 7
Years from now, brave Canadian truckers who got arrested with half a ton of MJ in the bottom of their farm truck will be regarded as the heroes of the revolution and offered free drinks of alcohol - a far more addictive substance.

The worm has turned.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on May 18, 2009 at 12:12 PM
Vince 8
I think the court recognizes that federal laws are inadequate and that the states are going to do a better job at reregulation according to the people's will.
Posted by Vince on May 18, 2009 at 1:24 PM

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