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Washington, DC -- 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.
Update: Oh, my, God! Man it feels good to be on the rec list. I just posted this and then went off to a meditation class. Feels good to contribute to a site that I feel is a key part, literally, of the evolution of humanity.
I am surprised that the SCOTUS decided not to review this case, since the Bush administration is now in slash and burn mode. It is an uncaracteristically humane and reasonable decision.
I wonder how this impacts the medical marijiuana mvmt. nationally.
Perhaps, since the ruling still allows Federal Authorities to do whatever they please regarding medical marijiuana search and seizures, it's not such a major ruling. I don't know
I post this basically to get community feedback.
If the only result of this ruling is to reduce the harrassment of medical marijiuana patients due to lack of federal officers to do the harrassing, that's a good start.