This article was originally published on the Marijuana Patients Organization site on December 7, 2011.
“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.”
California medical marijuana patient Felix Kha was pulled over by the Garden Grove Police Department and cited for possession of marijuana,despite Kha showing the officers proper documentation. The charge against Kha was subsequently dismissed,with the Superior Court of Orange County issuing an order to return Kha’s wrongfully seized 8 grams of medical marijuana. The police,backed by the City of Garden Grove,refused to return Kha’s medicine and the city appealed. Before the 41-page decision was issued a year ago by California’s Fourth District Court of Appeal,the California Attorney General filed a “friend of the court”brief on behalf of Kha’s right to possess his medicine. The California Supreme Court then denied review in March.
“The source of local law enforcement’s resistance to upholding state law is an outdated,harmful federal policy with regard to medical marijuana,”said ASA spokesperson Kris Hermes. “This should send a message to the federal government that it’s time to establish a compassionate policy more consistent with the 13 states that have adopted medical marijuana laws.”
Further information:Today’s U.S. Supreme Court Order denying review: http://AmericansForSafeAccess.org/downloads/Kha_USSC.pdf
Decision by the California Fourth Appellate District Court:http://AmericansForSafeAccess.org/downloads/GardenGroveDecision.pdf
Felix Kha’s return of property case: http://AmericansForSafeAccess.org/article.php?id=4412