(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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Jon, try a little culture check too… It’s “hippies”. lol
Yea, I didn’t run that through spell check… :/
I’m all for legalizing it, however, the way you hippys, including the President, are going about is completly wrong… not to mention unconstitutional and I don’t mean state constitution… I mean the US constitution.
Federal law preempts state law on this matter. Period. The main issues in these cases is whether state agents can enforce federal laws. They can’t. Period. The Supreme court doesn’t want to hear these half-assed cases for that very reason. These are procedural cases which will not be judged on the merits, rather on the procedure. The procedure is settles so there is no need for the Supreme court to grant certiorari. There’s no clear Constitutional issue by which this case must be judged. The Supreme court will generally abstain from hearing cases which can be solved without dealing with the constitutional issue within the case presented. Keep in mind, again, this is not an issue as to whether pot is legal. It’s NOT LEGAL even if: you think it is,your state says it is, a cop says it is, and pray really really hard. The fact of the matter is that, although it may not be followed at the moment, federal law controls. PIRIOD.
To throw a little more stupidity into the mix Obama has decided to violate the constitution in his “decision” not to enforce the law. Under the US Constitution, Obama MUST FAITHFULLY EXECUTE federal law. It is not his perogative to execute the law it is his duty as President. His executive orders must comply 100% with the letter of the federal law and he has over-stepped his constitutional powers. Period.
Now, whether congress wants to deal with this issue or not is upto them. If they don’t call him out on it he will do as he pleases but this does not ammount to a change in the LAW nor doed it mean that it is LEGAL it simply means that it is CURRENTLY not being ADDRESSED. Please understand that if congress changes its mind, or someone sues on the substantive issue, then all these business will be out of business.
The day the FEDERAL law is changed will be the day that marijuana is actually legal. Til then you run these businesses at your own, albeit high, risk… pun intended. Period.