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Supreme Court affirms that state medical marijuana laws do not preempt federal drug ban

Monday, May 18th, 2009 at 8:20 am | By: Radical Russ

(FOX News) The Supreme Court announced Monday it will not get involved in a dispute over California’s medical marijuana law.

The case presented a direct conflict to the justices of California’s Compassionate Use Act which its detractors say contravenes federal laws prohibiting drug use. A California appeals court ruled last summer that the state’s medical marijuana law does not preempt a federal drug ban.

Monday’s decision by the high court effectively affirms that ruling.Thirteen states have laws allowing for the limited use of marijuana. California’s law allows for individuals and their caregivers to “possess, cultivate and transport” marijuana as long as it used for medical purposes. Local officials in San Diego objected and filed a lawsuit saying the state law violates the federal Controlled Substances Act.

In its argument to the Court, the local officials said the California law is contrary to federal efforts to limit drug use. They argued “it is inevitable that marijuana originally grown for medicinal use will fall into the hands of recreational drug users.”

California joined a handful of pro-Marijuana groups in asking the Court to not take the case. They argued the specifics of this case made it a “poor vehicle” for the high court to use in deciding such a controversial issue.

San Diego county, San Bernadino county, guess what?  You lost!  Your silly little argument that you have lost at every trial and appeals court level has finally been declared over by the highest court in the land.  The people of California want medical marijuana, the state has made it legal, and your little conservative enclaves have to obey the laws just like everyone else… even the laws you don’t personally like.  You have to issue medical marijuana ID cards to patients that want them.  You have to allow patients to grow and possess and use their natural medications.  You have to be obedient counties in the state of California!

Now, will someone will press a Freedom of Information Act request to determine how much taxpayer money these two counties wasted in the continued pursuit of a dubious legal strategy that had tasted defeat at every judicial level?

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