Yesterday, a California Appeals Court ruled that "it is not the job of the local police to enforce the federal drug laws."
Ending years of dispute, the court ruled in favor of Felix Kha, a medical marijuana patient seeking the return of medical marijuana that was seized by police.
In a ruling that rejects law enforcement’s claim that federal law preempts the state’s medical marijuana law, the court asserted "we do not believe the federal drug laws supersede or preempt Kha’s right to the return of his property."
The court’s ruling also affirms a policy change by the California Highway Patrol (CHP)which until 2005 held the record for the worst violator of Proposition 215. The CHP’s policy of mandatory seizure of medical marijuana was challenged in court by the ASA, after which the state’s top law enforcement agency amply modified its policy.
"It should now be abundantly clear to law enforcement across the state that it is not acceptable to seize the medicine of seriously ill patients," said Joe Elford, who represented Kha as Chief Counsel with Americans for Safe Access.
As of yesterday, California law enforcement will be "fulfilling their more traditional duty to administer the laws of this state," according to the court’s ruling, an ASA rep noted.
Yesterday’s victory marks the culmination of two years of litigation led by ASA.
"The ruling can help someone else that is in really bad need of access to their medicine." Felix Kha said after hearing of the victory.
Felix is not alone, apparently.
Americans for Safe Access documented nearly eight hundred patient encounters with local or state police during a period of more than two years.
During this time frame, their reports indicated a glaring trend...more than ninety percent of all police stops resulted in seizure of medicinal marijuana by police regardless of any probable cause.
And, according to records maintained by Americans for Safe Access, rampant seizure of medical marijuana from qualified patients and primary caregivers has taken place in 53 of California's 58 counties.
This precedent-setting victory was achieved through years of meticulous planning by the Legal Affairs Department of Americans For Safe Access.
Of course, the fruits of their labor would not have been achieved, but were it for the generous donations of the members of Americans for Safe Access and other enthusiastic supporters...
Will the DEA raids of local suppliers continue?
In spite of the fact California voters approved a measure (Bill 215) seven years ago, allowing for compassionate use of Marijuana for medicinal purposes, the DEA has been cracking down on the local suppliers, alleging that their outlets are engaging in conduct which amounts to the, "...illegal sale of an illicit drug which is outlawed by the Federal Government."
According to Timothy L. Landrum, Special Agent in charge of the DEA in Los Angeles,
"...these dispensary operators are no different than any other drug trafficker; they prey on people in our communities to make a profit. The DEA and our Law Enforcement counterparts will not turn a blind eye to flagrant disregard of our Nation's essential drug Laws".
However, the fact remains: there is a definite conflict between State & Federal laws which needs addressing.
For example, while it is illegal to possess, sell, or distribute Marijuana in the United States on a Federal level, in California a resident is legally entitled to use the substance for medicinal purposes.
The issues have yet to be resolved.
I trust California Residents will concur that the DEA pot busts, and abusive and illegal conduct of the agents - who are clearly blinded by a kind-of reefer madness - should cease and desist, too.
Or is a costly waste of Judicial Resource, at taxpayer's expense, beckoning to accomplish this end?