Tuesday, May 19, 2009

U.S. Supreme Court Upholds Medical Marijuana Right In California


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.
The Supreme Court ruling, following the Obama administration's decision not to raid medical marijuana clubs acting in accordance with state law, removes one of the last barriers to full implementation of the state law.
ASA has now given notice to 10 conservative holdout counties (Colusa, Madera, Mariposa, Modoc, Mono, San Bernardino, San Diego, Solano, Stanislaus, and Sutter) of their legal obligation to implement the ID card program.

"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."
ASA has now given notice to 10 the conservative holdout counties of their legal obligation to implement the ID card program.

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