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US Supreme Court: Fed laws do not trump State cannabis laws |
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Written by Chris Conrad
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Monday, 29 December 2008 |
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West Coast Leaf report -- The US Supreme Court refused Dec. 1 to review a landmark decision in which California state courts held that state medical marijuana laws are not preempted by federal law, a clear sign that San Diego County will also lose its costly federal challenge to state law. The state court decision, People v. Kha, ruled Nov 28, 2007 that "it is not the job of the local police to enforce the federal drug laws." The case was the result of a wrongful seizure of lawful cannabis from a Garden Grove patient by local police in June 2005.
The Attorney General filed a "friend of the court" brief on behalf of his right to possess it. The state Supreme Court denied review in March, and the city took its case to the US court, which refused to even consider the issue. Separation of legal jurisdictions has been a long-standing tenant of American government; however, extremist San Diego supervisors refused to implement the state ID card program and have asked federal courts to overturn Prop 215 so they might continue to deny sick and dying Californians of lawful medical relief. |