Medical Marijuana
State Medical Cannabis Laws are Final! Return of Legal Cannabis Not Pre-empted by Federal Law
The U.S. Supreme Court refused to review a landmark decision yesterday in which California state courts found that its medical cannabis law is not preempted by federal law. The Supreme Courtâs decision in Garden Grove v. Superior Court means that federal law does not prevent state and local governments from implementing medical cannabis laws adopted by voters or state legislatures. In short: federal law does not override state law on medical cannabis!
Yesterdayâs decision follows three years of strategic legal work by Americans for Safe Access (ASA) in a California case involving the return of wrongfully confiscated medicine. ASA needs your help to keep doing important work like this. Please take a moment to make a special contribution to ASA today.
The Courtâs decision has broad implications for medical cannabis patients in the 13 states where medical cannabis is legal, and signals a sea change in the impasse between state and federal laws. Better adherence to state medical cannabis laws by local police will result in fewer needless arrests and other problems for patients, allowing for better implementation of medical cannabis laws in all states that have adopted them.
Medical cannabis advocates should be encouraged by opportunities for change in federal policy with a new Presidential Administration and shift in Congress. But until now, federal pre-emption has haunted patients whose state laws allow for medical cannabis use. This decision further clears the way for state implementation and adds new urgency to ASAâs work in the nationâs capitol, where we have been working full-time to change federal policy since 2006.
ASA is working in the courts and in the halls of Congress to protect and expand patientsâ rights â and we are making a difference. We have won important victories in court, made significant inroads in Congress, and helped reframe the national debate about medical cannabis. But we need your help to carry on. Please make a contribution to support ASA today.
Thank you,
Steph Sherer
Executive Director
Americans for Safe Access
P.S. Read more about the Supreme Court decision at www.AmericansForSafeAccess.org/USSCKha.
Watch MPP debate ONDCP in D.C. Wednesday evening
Dear friends:
The Georgetown chapter of Students for Sensible Drug Policy is hosting a debate between MPP assistant director of communications Dan Bernath and White House Office of National Drug Control Policy chief counsel Ed Jurith at 6:30 p.m. on Wednesday, December 3. The debate will take place at The Georgetown University Law Center in McDonough Hall. The topic of the debate will be medical marijuana.
Attendance is free and open to the public. Attendees must bring a valid photo ID. After the debate, there will be a question and answer session with the audience.
WHAT: Medical marijuana debate between MPP assistant director of communications Dan Bernath and ONDCP chief counsel Ed Jurith
WHEN: 6:30 pm on December 3, 2008
WHERE: The Georgetown University Law Center in McDonough Hall (600 New Jersey Ave NW), room 203
In 1998, 69% of Washington, D.C., voters supported an initiative to allow sick and dying patients to use medical marijuana. However, Congress has prevented the law from being implemented, so seriously ill District residents are still subject to arrest and prosecution for using medical marijuana. If you live in the District, please take a moment now to urge your councilmembers to pass a resolution calling on Congress to respect the will of D.C. voters and allow the medical marijuana law to take effect.
Thank you for supporting MPP. I hope you will be able to attend the debate on Wednesday evening.
Sincerely,
Zane Hurst
Legislative Analyst
Marijuana Policy Project
Press Release: U.S. Supreme Court -- State Medical Marijuana Laws Not Preempted by Federal Law
Press Release: California Supreme Court Strikes Down "Caregiver" Defense for 215 Growers - People V. Mentch
Press Release: Medical Marijuana Lawsuit Filed Against Department of Motor Vehicles
OPNews from the Ohio Patient Network is Back
Job Opportunity: Arizona Campaign Manager, Marijuana Policy Project
Prohibitionists go down on Election Day
Dear friends:
Not only did Tuesday's election produce two major marijuana policy victories â MPP's sweeping wins in Michigan and Massachusetts â but we also saw signs of progress in Congress and the White House.
President-elect Barack Obama has said â often in response to questioning from MPP â that he does not support the federal government arresting medical marijuana patients in states where medical marijuana is legal.
As recently as Monday of this week, his campaign said: "Many states have laws that condone medical marijuana, but the Bush Administration is using federal drug enforcement agents to raid these facilities and arrest seriously ill people. Focusing scarce law enforcement resources on these patients who pose no threat while many violent and highly dangerous drug traffickers are at large makes no sense. Senator Obama will not continue the Bush policy when he is president."
The congressional landscape also changed for the better. With several contests still undecided, the Democrats are likely to pick up at least 23 new seats in the House of Representatives â 21 of which belonged to medical marijuana opponents in the last Congress. And three senators who opposed medical marijuana were replaced with newcomers who have already voted or spoken out in favor of protecting medical marijuana patients.Â
Some of Congress' most outspoken medical marijuana opponents lost their seats, like Congressman Tom Feeney (R-Fla.), Congressman Ric Keller (R-Fla.), and Congresswoman Marilyn Musgrave (R-Colo.). In fact, on the Democratic side, every single incumbent who lost Tuesday consistently opposed protecting medical marijuana patients from arrest and jail.
And candidates who are close allies of MPP won spots in the House of Representatives, like Nevada state Sen. Dina Titus (D), a strong supporter of medical marijuana access.
There is still more work to do in coming election cycles, of course. MPP's team on Capitol Hill will be working to ensure that presidential appointees (like the head of the DEA and the drug czar) are aligned with the commitment to marijuana policy reform that President-elect Obama expressed on the campaign trail. And we expect that medical marijuana legislation will be introduced in 2009, presenting an enormous opportunity to protect medical marijuana patients at the federal level.
You can help make the most of this changing dynamic in Congress and the White House. Any donation you can make today will help MPP push for the change that conditions are so ripe for.
Sincerely,
Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.
P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $3.0 million that MPP can raise from the rest of the planet in 2008. This means that your donation today will be doubled.
Michigan passes medical marijuana law; when will New Jersey?
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