Skip to main content

Latest

Latest News
Latest News
Blog

U.S. Supreme Court Kills Effort to Overturn State Medical Marijuana Laws

Good news! Something bad could have happened, but didn't:

California's medical marijuana law survived its most serious legal challenge today as the U.S. Supreme Court denied appeals by two counties that argued they were being forced to condone violations of federal drug laws.

The justices, without comment, denied a hearing to officials from San Diego and San Bernardino counties who challenged Proposition 215, an initiative approved by state voters in 1996 that became a model for laws in 12 other states. It allows patients to use marijuana for medical conditions with their doctor's recommendation. [San Francisco Chronicle]

Today's result was really a foregone conclusion because it's just a basic fact that states can make their own drug laws. Still, it's good that this happened insofar as it will hopefully serve to silence those who continue to cite conflict between state and federal laws as a reason why no one can have medical marijuana. They are completely wrong and it's amazing how many federal judges had to break it down for them.

For the hundredth time, conflict with federal law is not an obstacle to passing and implementing state laws that permit medical marijuana. Federal law enforcement can come in and cause trouble, but that doesn’t make state laws invalid. Those laws still apply and provide valuable protection against state police, who patients are more likely to come in contact with.

The very idea that federal law somehow cancels out state policies is just some made-up nonsense that enemies of medical marijuana have been spewing in desperation for several years now. Nice try, but you're wrong. Case closed.
Blog

Michael Phelps and Marijuana Legalization

Phelps resumed competition this weekend, prompting Jim Caple at ESPN to call for a debate on legalizing marijuana:

We need to hear all sides, as part of a serious discussion on this subject, and then make a rational decision about whether marijuana should be legal in this country.

What we do not need is to waste any more energy fretting over a college-age athlete smoking pot and the negative lesson it sends to the nation's youth. Otherwise the negative message kids will learn from Phelps' bong hit is this: Adults are too busy shouting about meaningless crap to intelligently discuss what is actually important.

Damn straight. I'm assuming, of course, that he's referring to those who condemned Phelps and not those of us who launched an angry boycott against Kellogg's. Because that was totally necessary.
Blog

Pete Guither Will Correct Your Incoherent Editorial for Free

This is funny. That is, if your idea of funny is arguing with people who have strong unfounded opinions about marijuana.

When I criticize individuals in the blog, I try to choose my words based on the assumption that the post will be read by the person I'm writing about. I sometimes forget to do this, but it's a good habit. Regardless, I don't see how Pete could have handled the situation any better.

Update: My favorite example of someone getting pissed about something I wrote can be found here.

Chronicle
Chronicle

Semanal: Blogueando en el Bar Clandestino

“Obama ya no es a favor de programas de cambio de jeringas que reducen sida”, “Gil Kerlikowske es el nuevo fiscal de la droga de EE.UU.”, “La secretaría antidroga no sabe qué decir respecto a la legalización de la marihuana”, “¿Será que la legalización realmente reducirá el mercado negro? Por supuesto”, “Otra redada contra la marihuana medicinal en California”, “Arnold Schwarzenegger pide debate sobre legalización de la marihuana”, “Ethan Nadelmann vs. Steven Colbert, tercer asalto”, “El apoyo a la legalización de la marihuana es tremendo en Canadá”, “El apoyo a la legalización de la marihuana sigue creciendo en EE.UU.”, “¿Hola? México está a punto de despenalizar la tenencia de drogas…”.
Chronicle
Chronicle
Chronicle
Chronicle
Chronicle
Chronicle
Chronicle

Marihuana medicinal: 9º Circuito de EE.UU. ratifica sentencia de 10 años para Bryan Epis, primero proveedor californiano enjuiciado por cargos federales

Bryan Epis, uno de un puñado de personas condenadas en la Justicia federal estadounidense por suministrar marihuana medicinal con arreglo a la Propuesta 215 [<em>Proposition 215</em>] de California, puede recibir 10 años de prisión. Un tribunal colegiado del Tribunal de Apelaciones del 9º Circuito de EE.UU. ha decidido que debería permanecer, pero hay un recurso en trámite.
In The Trenches

Press Release: U.S. Supreme Court Rejects California Counties' Challenge to State Medical Marijuana Laws

[Courtesy of ACLU] FOR IMMEDIATE RELEASE: May 18, 2009 CONTACT: Dan Berger at (831) 471-9000 x26 WASHINGTON - The U.S. Supreme Court today declined to hear an appeal brought by San Diego and San Bernardino counties challenging the validity of California's medical marijuana laws. The Court's order leaves intact the rulings of California's state courts, holding that state medical marijuana laws are entirely valid despite the federal prohibition on marijuana. The American Civil Liberties Union, which represented California medical marijuana patients in the proceedings, had urged the Court to decline the counties' challenge. The following may be attributed to Graham Boyd, Director of the ACLU Drug Law Reform Project: "The Supreme Court's order marks a significant victory for medical marijuana patients and advocates nationwide. This case struck at the core of the contentious intersection between state and federal medical marijuana policy, and, once again, it is clear that state medical marijuana laws are fully valid. Coupled with the Department of Justice's recent pronouncements that the agency will respect state medical marijuana laws, the Court's order leaves ample room for states to move forward with enacting and implementing independent medical marijuana policies." The ACLU's opposition brief to the Court can be found online at: http://www.aclu.org/drugpolicy/medmarijuana/39603lgl20090415.html ###
In The Trenches

Press Release: Supreme Court Squashes Challenge to Prop. 215

FOR IMMEDIATE RELEASE   
MAY 18, 2009   

Supreme Court Squashes Challenge to Prop. 215
Advocates Press Counties to Issue ID Cards as Court Refuses to Hear San Diego/San Bernardino Suit

CONTACT: Bruce Mirken, MPP director of communications ............... 415-585-6404 or 202-215-4205

WASHINGTON, D.C. -- The U.S. Supreme Court has declined to hear a case brought by San Diego and San Bernardino Counties that sought to challenge the validity of California's medical marijuana laws, removing the last obstacle to medical marijuana ID cards being issued to qualified patients throughout California. Nine counties have failed to begin issuing the state-mandated cards, often citing the San Diego lawsuit as a reason.

     "The court has flattened the last faint justification for counties refusing to issue ID cards to legally qualified medical marijuana patients," said MPP California policy director Aaron Smith. "We expect all nine counties that have delayed issuing cards to start following the law immediately and stop putting patients at needless risk."

     San Diego County, which is required by California law to issue ID cards to legally qualified medical marijuana patients, had challenged the state law, claiming it was preempted by federal anti-marijuana statutes (a claim that had never even made by the federal government, despite its opposition to medical marijuana). San Bernardino County had joined the litigation. The preemption claim was firmly rejected by every court that reviewed the case. The California 4th District Court of Appeals wrote in its unanimous ruling, "Congress does not have the authority to compel the states to direct their law enforcement personnel to enforce federal laws."  After the California Supreme Court refused to hear San Diego's appeal, the counties went to the U.S. Supreme Court with its claim of federal supremacy, and the U.S. Supreme Court today refused to hear the case.

      "It's time for San Diego and San Bernardino Counties to end their war on the sick and obey the law," Smith said. "And taxpayers should hold to account the irresponsible officials who wasted their tax dollars on frivolous litigation."

     With more than 27,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

####

Latest News
Latest News
Latest News
Chronicle