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Dec 6, 2008

Landmark marijuana decision by Bush appointee.

From Eric at Libertarian Republican.

The US Supreme Court, headed by Bush appointee Chief Justice John Roberts, has just refused to take a lower court case out of California on medical marijuana. Their refusal equates to a big victory for marijuana advocates, as explained by a release from Americans for Safe Access.

Washington, DC -- 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. Advocates assert that better adherence to state medical marijuana laws by local police will result in fewer needless arrests and seizures. In turn, this will allow for better implementation of medical marijuana laws not only in California, but in all states that have adopted such laws.

"It's now settled that state law enforcement officers cannot arrest medical marijuana patients or seize their medicine simply because they prefer the contrary federal law," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the medical marijuana advocacy organization that represented the defendant Felix Kha in a case that the City of Garden Grove appealed to the U.S. Supreme Court. "Perhaps, in the future local government will think twice about expending significant time and resources to defy a law that is overwhelmingly supported by the people of our state."
As Eric points out: “President Bush back in 2000, during his first Presidential campaign, was asked point blank by a reporter about the marijuana issue. His response was forthright. He pledged to appoint judges that would take a Federalist "Let the States decide" stance.”

I am personally against marijuana use but consider the current laws to be rather idiotic and counter productive. The only way to really keep kids safe from drugs is for parents to take responsibility and educate themselves on the hazards of drug use, and to pass that information on to their children from an early age. Reliance on good old Nanny State to do the job for you with prohibition is asking for trouble.

The more that oppressive measures like legal censure and not talking about the subject are used, the riskier the drug environment is. Kids who are given proper information by parents will, when inevitably they come in contact with it will be able to make an informed choice, those who do not get this will think its cool.

Now to get back to the subject, Bush has made some very good appointments over his term, not all of them of course, but some. Interestingly he has appointed more libertarians in his term than any other president including Reagan.


  1. Absolutely fascinating.

    The Pink Flamingo

  2. I have to go all the way to Australia to find out what's happening in my backyard.

    Marijuana has some real medical uses and I really don't mind pot (it's not as dangerous as booze) but I just don't like most pot-heads.

  3. Actually SJ, one of the best programs I have come into contact with is "Drug proof your kids," which is run in this town by volunteers with some government support, and is based on parents working with their kids.

    You didn't have to come all the way over here Patrick, I pinched it off Eric, but its nice to have you over anyway.

    I said a prayer for your son last night old mate, I really feel for you on this.