Medical Marijuana Is The Law — Any Questions?

How do you say: “Game, set, match” in southern California? Here’s how:

High court won’t hear county’s marijuana challenge
via SignOnSanDiego.com
The U.S. Supreme Court will not take up San Diego County’s challenge to state medical marijuana laws.
For more than three years the county has been fighting in court to overturn state laws that require counties to issue medical marijuana identification cards. The county contends federal law, which does not recognize medical marijuana usage, trumps the state law.
The county has lost that argument in state trial and appellate courts, and the state Supreme Court declined to take up the case, too. The county’s last, long-shot chance was to have the U.S. Supreme Court take up the case.
San Bernardino and Merced counties initially joined the suit, but Merced eventually dropped out. The high court also rejected San Bernardino’s petition to take up the case.

In other words, the oft-heard prohibitionist refrain that federal law trumps state medical marijuana laws has no legal merit.
None. Nada. Zero.
To anyone who has followed the unethical actions of the San Diego and San Bernardino Supervisors over the past three years, the Supreme Court’s refusal to hear their appeal shouldn’t come as a surprise. After all, the counties’ vapid arguments had previously been struck down — unanimously — by the Superior Court of the state of California the 4th District Court of Appeals.
In addition, the Legislative Counsel of California, the state Attorney General’s Office, and a majority of the California legislature had also previously determined that local politicians and law enforcement were obligated to uphold the provisions of California’s medical marijuana laws.
Finally, California’s constitution is also quite clear on this point — mandating that police have a sworn duty to uphold state law, not to enforce federal statutes.
Let’s be blunt: San Diego and San Bernardino’s protracted lawsuits — lawsuits that arguably cost county taxpayers hundreds of thousands of dollars and jeopardized the health and safety of thousands (if not tens of thousands) of citizens — were never about resolving legal ambiguity.
Rather, it was about the arrogance and recalcitrance of those who willfully chose to abuse their power and position to hamstring the will of the voters, the legislature, and the courts.
And while this particular legal battle is now over, our outrage shouldn’t be.

0 thoughts

  1. “Look, the people you are after are the people you depend on. We cook your meals, we haul your trash, we connect your calls, we drive your ambulances. We guard you while you sleep. Do not… fuck with us. ”
    -Tyler Durden
    Truth Will Prevail!!!

  2. Im just sooooo…. happy. Its like we can see the light at the end of a tunnel. Calf. lead the way ….I hope that the IRRESPONSABLE partakers dont go getting themself on tv doing something stupid. How this goes in Calf. has alot to do with the rest of the states opinion… and I am sure that all the states are watching…

  3. This just in from DemocracyNow.org
    it is off topic but should be of interest to anyone who is fed up with the waste of our tax dollars to continue this idiotic failure, the war on [some] drugs!
    …”Obama Seeks $46 Million for Military Base in Colombia
    President Obama is seeking $46 million to establish a new military facility in Colombia. The funding request has been opposed by several advocacy groups. John Lindsay-Poland of the Fellowship of Reconciliation said, “This base would feed a failed drug policy, support an abusive army, and reinforce a tragic history of US military intervention in the region.” The Pentagon has been looking for a new site in Latin America ever since Ecuador notified Washington last year that it would not renew the lease on the US base in Manta, Ecuador.”
    http://www.democracynow.org/2009/5/19/headlines#4

  4. Holy hell people. we all are very aware that our government is more master than public servant. the question is are we gona jus sit bak all the freakin time writin comments on normls site. this shit goes way beyond the debate of legal pot. it all boils down to our once limited government somehow evolving into gaurdians and slavemasters of the highest degree. we aint free. we are ALLOWED limited choices to keep us semi complacent. well im from the very facist western half of kansas. and im telin all of you we need to rise up and yell so loud that they cant ignore us or take the next two decades to get our freedoms back. vinividivici

  5. How will this effect Marijuana being a schedule 1 drug? Can the status of marijuana be challanged in federal court referencing this decision? Any lawyers out there?

  6. Officials who swear to uphold the laws of the State and then violate those oaths should be prosecuted for same, thrown out of office and their pensions annulled and returned to the taxpayers.

  7. The answer to getting marijuana fully legalized lie within our getting involved and writing to our congressmen and senators.We must tell them constantly,over and over again to get the laws changed.Now we have the momentum and the backing of the citizens to bring this about,but it must be done quickly while it’s on the publics mind.There are damn few families in this country that have not been affected in one way or the other by the “drug war”.The cost of incareration alone is staggering,at the expense of many programs including the public schools.Act now brothers and sisters…..act now.

  8. Let’s not forget how much progress has been made in America for the past year. I agree that passing bills is great in any form with a future improvement clause to protect many additional patients. But at the same time I believe future States to approve marijuana programs should take note and not make the same mistakes in succession.
    A politician of high intelligence could save the United States a lot of money in the future by simply passing bills that are as they should be intended, to save lives without obstruction.
    Saving lives, end of discussion.

  9. The problem with San Diego politics extends far beyond the reaches of medical marijuana into things that pale in any comparison of severity. The government officials in San Diego truly believe that they are the bees knees and no one else knows anything about anything or what may or may not be good for San Diego. I can’t really discuss details – you’ll have to take my word for it – but things that you would say are ridiculous are SOP for San Diego. Something that ends with -trans (SD branch) is a great example of this.

  10. Lets be honest… You all smoked pot before there was anything called medical marijuana… IF you ask me, ive watched friends get so high they might as well be a freaking paraplegic, back pain my ass, sleeping disorder my ass. I digress. As for the legality of State law vs Federal law. I agree with the legal side of this. If its a state law about ANYTHING not just Marijuana, its to be followed by the the counties that reside in that state.

  11. I think it is great that we are being blunt and pushing people back to see the point that marijuana has never killed anyone. when everything eles has.. just think about people…

  12. This is awesome, the dominos are falling. With the economic collapse states are finding it hard to meet their budgets. Many are seeing they can’t keep supporting a law that is un enforcable in trems of ridding cannibis from the world. Of course the stanch drug warriors will insist on getting the taxes to enforce prohibition. They will do this in the face of schools loosing funds to teach kids. So who’s hurting the kids now? Question : Are they using the tax dollars to fight a war on drugs or are some of these funds being shifted to the wars across the world? Its time to stop playing these money and power games at the expense of the people of the united states of america. Time to take care of our borders and US!!

  13. I think it’s time to organize a movement of cannabis smokers to go to Richard Nixon’s grave and piss on it. After all, he’s the one who threw out the recommendation of his own commission to legalise. If enough people go and piss on Nixon’e grave, they’ll (law enforcement) have to invest a lot of money to protect it – perhaps with a barbed wire fence. How appropo……………

  14. Will someone please start a class action suit against those guys. I would be happy to donate $ to the effort. Now let us keep our heads on straight and get down to business on this issue. What we need is a march on the county hall of each of these government offices and make them pay. I advise all of you whom want to keep this thing going in the right direction to become politically active on this subject. Go to the criminaljustice.change.org/actions/view/national_vote_on_legalization_of_cannabis
    and get your voice counted. We are serious about this thing.

  15. THIS IS ONLY A TEMPARY VICTORY. If another state takes it there and wins for our side then we have reason to celebrate. this still allows the feds to raid and what not.

  16. Time to make an example of Nixon. His total disregard of the report the commission (WHICH HE HIRED!!) is tantamount to treason. His grave should be pissed on.

  17. The laws against marijuana will eventually be repealed. The uprising since the inception of the internet, when the ability to learn absolutely everything you wanted to know about anything became easy as point-type-and-click,has been phenomenal. These guys are literally just flailing their arms in what seem a bitter attempt at keeping control as they used to. Unfortunately change to these individuals who run this Government, is something that they obviously cannot adjust easily to.
    Unfortunately for them, this is no longer a country run on their term. This article is a great example of that fact. We cannot be stopped anymore people. Far too many of us now know all of the dirty details about each and everyone of these crooks. The sheeple will follow us into “battle” as soon as we rise up, and set a better example then the other guy. It’s all a matter of sheep herding to these people, and one thing i’ve noticed, sheep hate being called sheep. The Big Brother Sheep Herding manipulation is no longer a conspiracy, as it has grown to paramount proportions, and now all we need to do is connect the dots for some people. It’s pretty interesting to me to see that even though the 2012 “myths” seem to be ignored for the most part by most, they prophecies are coming true in perfect timing. By 2012, we shall see major changes. Post-2012 should see even greater changes. In fact by 2017, when this Stellar Activation Cycle completes, the entire world will be transformed into in a sense, a new world.
    The New World Order is coming no matter what, and it will not stop for anything or anyone. A new world movement is not nesseccarily a bad thing, we just need to make sure it is on OUR terms, and not “theirs.”
    The real question is then, What exactly is it that we want out of this?

  18. I have something to say to any drug warrior or politican that may read these blogs.
    I have smoked cannibis on an off since highschool years ago. Even then I didn’t agree with prohibition of cannibis and I didn’t need anyone to tell me what the truth was…even then. I really didn’t start being active in this til recently. I have seen the lies of our government and what YOU have done to this counrty with out the approval of me and all the voices you see here and on many ,many other web sites on many ,many subjects .
    I have lost a very good job (55kyr)because of YOUR bullshit. I lost 40k in retirement. YOU have forced me to pay attention to what YOU and YOURS are doing. IT pisses me off what YOU do. It pisses me off because YOU have forced me to pay attention to politcs…I HATE politics. YOU have arrested people I know And ruined their lives. Productive good people YOU should have left alone. All that you see here is YOUR fault. YOU caused this because YOU abuse US. Now ..repent and set it right or…YOUR sins will catch up to YOU and YOURS. Stop taking the KINGS coin and doing the KINGS bidding before its too late for ALL of us.

  19. Are you kidding me? Medical marijuana is ‘the law?’
    I think not. Gonzales v. Raich? Anyone Anyone?
    That’s the case that the Supreme Court held that the federal government CAN regulate marijuana and that federal laws DO trump state medical marijuana laws.
    It didn’t hear this case, probably, because it seems to deal with the same anti-commandeering and state functions arguments that have been heard 1000 times. I mean, not being from CA, I’m not up on it… but to claim that the idea ‘federal law trumps state medical marijuana laws has no legal merit’ is completely false and misleading. Actually, it’s just a lie. period.
    Please refer to the constitution and the long list of federal cases dealing with state powers that any first-year law student would know by heart before blogging falsehoods on your purportedly law-focused blog.
    [Editor: This is not a law-focused blog and the case at hand, from San Diego, does in fact establish that California’s medical cannabis laws, and by extension the other 49 states, can exist in parallel with an at times adversarial federal system. Had SCOTUS taken the case, it would have been an indication of its want to limit or retard patient protections at the state level. Their rejection of San Diego’s, et al pleading bodes well for medical cannabis and personal freedom.]

  20. First they ignore you, then they laugh at you, then they fight you, then you win.
    Mohandas Gandhi
    Just keep fighting to get the law changed federally. That will be a real victory.

  21. WOW you guys are lucky at least you have an oppertunity to get marijuana cards in my state you go to jail for a stem on your floor board

  22. I’m an MMJ patient and living in SB county, I have to drive 90 miles to L.A. just to get medicine. That isn’t what America is about…America is about walking around the corner to your local dispensary to get your meds whenever you need them. Not whenever you have enough gas to get there. Inspired by this, I think you will see more dispensaries opening up soon in both, San Diego and San Bernardino counties. This is a landmark event in the push towards legalization. Keep pushing!

  23. This is nice to hear, as was Iowa’s gay marriage decision. However I feel that this is just a drop in the bucket against a roaring tide of stupidity and greed. Did you know that the senate is holding a closed door hearing today about possibly raising taxes on SWEETENED SODA? They won’t consider regulating and taxing Cannabis but they will resort to raising taxes on soda. Ridiculous. The reason cited was to cut down on obesity and aid in rising healthcare costs to compensate for Obama’s new health coverage plans. Gee, you don’t think alcohol might be causing a bit of a Healthcare issue? DUI, addiction, DEATH. Tobacco kill anyone lately? When will this feigning of ignorance end? Cannabis IS medicine. Cannabis IS relief from depression, anorexia, pain, violent tendencies, nausea, headache etc. Cannabis is a subtance of terminus meaning it could be used to treat addiction to harder substances, alcohol, pornography, and yes, overeating (if used properly in a setting where one;s attention is directed towards another form of stimulus like art, video games, reading.)But no, we would rather tax a can of pepsi. WAKE UP!!!!! I know I’m ranting but honestly, the government is PAYING people to sit in prison cells. Someone rapes a baby and gets paid $30,000 a year (more than I make as a manager in a fast food restaraunt) through water and electric bills and food costs, clothes and whatnot. The government pays these people and the individuals who guard them and the people who run the prisons. All this extra money is coming out of their pockets to fund a war that doesn’t work. How do they justify this? How in their greediness do they not see that you can’t make money by spending money? YOU’RE JUST SPENDING MONEY!!!!this is not money on a loop and no, you’re not a bunch of Edina Monsoons.By the way, that’s money we DON’T have. While they waste their time on propaganda and faulty logic and antiquated rhetoric, they could be making money directly from taxes placed on legal Cannabis. No middle man, just an I.V of dollars straight into thier money grubbing veins. This is too far. The government is overstepping it’s authority more and more with each passing day. Every day that we don’t take action, speak out and just roll over for it is another day we let the constitution be used as toilet paper. We are being strangled and controlled. We are no longer pursuing our dreams, we are ensuring theirs. When did we give the fed’s permission to select our diet and our daily routine? I was born here and nobody gave me a piece of paper when I was fresh out of the womb that read “Welcome to America, you can forget about all that freedom bologna and get used to being our slave ’till you die. Have fun with minimum wage and being beat over the head with restrictive conservative pablum. Thanks a bunch!” Where was I given an option? Who asked my opinion? No one, that’s who and my tax dollars go to fund programs designed to lock me up, fine me, paint me as the scum of society, deny me equal rights and then stick a hose up my bum to suck out everything positive I might have gained from drawing breath on any given day. Hands down, we need new politicians, new government, new attitudes. we need to dust off the ol’ constitution and make it REQUIRED reading. We need to burn these leeches off and start healing our nation before we end up just one massive prison camp.I don’t want my children having to hate where they live. I want my grandchildren to love this land. I sick of being suckered! THIS IS NOT HOW IT SHOULD HAVE TO BE!!!
    -phew-
    I apologize for this rant. But geez, wake up people.

  24. R.O.E. IM with you. I lost a job as well to my illness and the fact I can’t control my pain. I was an administrative assistant to a Dean at a college. My doctors refusal to treat my Fibromyagia, Chronic Pain Syndrome has forced me to find alternative treatments. When you do alternative treatments chances are you get in trouble for doing so. This is the vicious cycle I am in.
    You have to fight for your disability, you have to fight for your rights and they have caused me to start in with this fight and stop this war on people. War on Drugs is just an excuse.

  25. its about time now the supreme court is in on it victory is within our grassp haha see i made a funny. but seriously we are in the home stretch to freedom and it wont be long till we have it

  26. you have to scare normal people who dont smoke pot to not smoke pot(we need china laws you dummys). It’s all about not being an addict.

  27. Tony Says:
    May 19th, 2009 at 8:01 am
    How can the Govt keep marijuana scheduled the way it is and not be prosecuted if they are saying it has no medicinal properties and are keeping it scheduled as it is
    THERE IS SUCH A THING IN THE U.S.GOVERNMENT THAT IS CALLED THE “DATA QUALITY ACT” here is a link
    http://en.wikipedia.org/wiki/Data_Quality_Act
    THE GODDAMN GOVERNMENT DOESN’T EVEN PLAY BY THEIR OWN RULES….

  28. Darryl H wrote: “Why the disparity from state to state?”. Really, did you ever pay attention in social studies?! That concept the the foundation of the how the american government works. In fact, a lot of federal laws, like those governing drugs, are unconstitutional. The founding fathers believed that the state governments should be allowed to do whats right on a local level and it was the federal governments job to handle anything that was outside a state bounds, such as how a state interacts with other states. If we just had federal laws, lawmakers from rhode island would be able to create laws that must be upheld in every state. What if a texas lawmaker got a law passed that you couldn’t run your engine in your driveway? No problem for sunny, hot texas, but the people in maine that wake up to below freezing temperatures would be breaking the law by using remote start and allowing their cars to warm up. In short, DUH.
    On topic, this is great news. Maybe it’s a sign that the federal government will stop stepping into state territory where it doesn’t belong.

  29. “Like I have said before. WE are the one’s that truly rule and if you don’t like it then you can always move. Hopefully to the Bermuda Triangle, and be lost to the rest of the sensible world. federal law only applies when the fed has authority appointed to it. State law supersedes federal law….Check you local constitution, This important document say’s this in plain English. PEACE… AL”
    I would be interested in reading this interesting fact, where might I find this information. If this was the case, then why are so many legal grow operations being raided by the federally funded DEA? My friends were raided twice and inprisoned even though they had a doctors receomendation. Ca. law did’t protect them as well as many others.

  30. States Rights(the 10th amendment to the constitution) needs to be set back to its intended purpose.
    So you guys have to start voting in people who will actually make change happen like Ron Paul. Hopefully you also realized the mistake in voting in a sell out socialist… If not you will.

  31. anyone happen to see fbi director robert mueller get owned by rep. steve cohen on the subject of marijuana today? can see a clip of it here
    http://www.cnn.com/video/
    would like to know what else was said, but have yet to see any real coverage of this.

  32. Do we have any statistics majors?
    Why have we never heard of any high ranking official or their children being jailed on drug charges?
    From what I recall about statistics this fact is not reality. Are our lawmakers above the laws they dictate that we must live by? I know if their kids were being thrown in jail for years. Because they were smoking weed things would change. But they defy the laws of statistics stating in any given group you will have so many that use, abuse and enjoy drugs. I guess they just don’t go to jail and get a record that will haunt them the rest of their life. Like our President if you go to an ivy league school not many swat teams assault your privacy the way they do in the hood!!!! End the tyranny called the war on drugs (US)..
    CFJ

  33. #91 Bakedgoods Says:
    May 20th, 2009 at 5:19 pm
    “…If this was the case, then why are so many
    legal grow operations being raided by the federally funded DEA?…”
    RE:
    Bakedgoods,
    Despite what the Constitution says…
    (In plain-English),
    there are still local
    S.W.I.N.E.
    addicted to Byrne-grant money,
    and Dead End Atrocities agents
    who enjoy having a License-To-Steal™

  34. @92 Kyle;
    Whether or not Obama is whatever you think he is (I don’t like him either) that doesn’t make Ron Paul the holy grail of all things. On the contrary, most of what Ron Paul says I do not agree with, starting with health care and going right down the line. He’s off base on every single one of them and so are you.

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