Ben Cantrick (mackys) wrote,
Ben Cantrick

Can you smell what the stoners are smokin'?

The U.S. Supreme Court refused to review a landmark decision today in which California state courts found that its medical marijuana law was not preempted by federal law. The state appellate court decision from November 28, 2007, ruled that "it is not the job of the local police to enforce the federal drug laws." The case, involving Felix Kha, a medical marijuana patient from Garden Grove, was the result of a wrongful seizure of medical marijuana by local police in June 2005. Medical marijuana advocates hailed today's decision as a huge victory in clarifying law enforcement's obligation to uphold state law.

I don't think I understand how this interacts with Raich. The Feds can make laws regulating the interstate sale of pot, but can't override state laws about it? The BATF and FBI can still police pot inside the states, but the Feds can't force local law enforcement to enforce the federal laws? Both? Case by case?
Tags: reddit
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