Political Voice

Defending the Separation of Laws! Keep Fanatics Off OUR Constitution!

Medical Marijuana Shops in California

Federal law doesn’t trump state law.  LESS GOVERNMENT!  Hello, wasn’t Bush’s first election theme, “less government”?  I think it was, but he totally ignored that and created more government control over American’s.  States shouldn’t be force to follow federal law if the state approved a law. 

Of course, nothing trumps constitutional law, and medical marijuana is a civil right.  OMT!  It’s only an herb given to us by the creator for it’s medicinal properties! 

The police official should be looking for other work instead of attacking these shops all the time.

Supreme Court Hands Medical Marijuana Major Victory

The U.S. Supreme Court handed medical marijuana patients and advocates a resounding victory on Monday, refusing to hear a case brought by San Diego County, which has long chafed at implementing statewide medical marijuana laws.

The state of California, in an effort to systematize the 1996 voter-approved initiative, required localities to implement identification card programs for patients with doctor approval in 2004. Such ID cards are required to enter medical marijuana shops in California and can be shown to police officers who find patients in possession of marijuana.

San Diego County, however, argued that the federal ban on marijuana trumps the state law, meaning they are not required to follow the state law. The county filed suit in 2006. Both the San Diego Superior Court and the Fourth District Court of Appeals rejected the argument, which was followed by the California Supreme Court’s refusal to review the case in 2008.

The San Diego Board of Supervisors voted to appeal to the Supreme Court.

“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,” said Joe Elford, chief counsel with Americans for Safe Access (ASA), a national medical marijuana advocacy group with a large presence in California. “No longer will local officials be able to hide behind federal law and resist upholding California’s medical marijuana law.”

It is not the job, in other words, of local cops or municipalities to enforce federal laws. In fact, the federal government has never made such an argument. The California counties acted on their own. [read more]

MEDICAL MARIJUANA CANNABIS

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May 18, 2009 - Posted by | Clothing, General | , , , , , , , , ,

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