cannabisnews.com: California's Pot Law Upheld in Appeals Court










  California's Pot Law Upheld in Appeals Court

Posted by CN Staff on August 01, 2008 at 05:28:44 PT
By Bob Egelko, Chronicle Staff Writer 
Source: San Francisco Chronicle 

California -- A state appeals court upheld California's 12-year-old medical marijuana law Thursday, rejecting two counties' arguments that allowing patients to use the drug with their doctor's approval condones violations of federal narcotics laws.The Fourth District Court of Appeal in San Diego dismissed challenges by San Diego and San Bernardino counties, which objected both to the 1996 marijuana initiative and to recent legislation requiring counties to issue identification cards to users of medical pot.
The cards protect their holders from arrest by state or local police for possessing small amounts of marijuana.The U.S. Supreme Court has ruled that the federal government can enforce its drug laws, which ban marijuana use and cultivation, against patients and their suppliers in California and the 11 other states that have legalized medical marijuana under their own laws.But in Thursday's ruling, the appeals court said states remain free to decide whether to punish drug users under their own laws."The (federal) law does not compel the states to impose criminal penalties for marijuana possession," said Justice Alex McDonald in the 3-0 ruling, which upheld a Superior Court judge's decision. "The purpose of the (federal law) is to combat recreational drug use, not to regulate a state's medical practices."Besides, McDonald said, the counties' only obligation under the California law is to process and hand out the ID cards, a requirement that poses no conflict with federal law. State and local officers can't arrest marijuana users for violating the federal law, he said, and applications for the medical marijuana cards contain a warning that they provide no shield against federal authorities.Although the state's decision to allow medical marijuana use "arguably undermines the goals" of the federal law, McDonald said, county governments are unaffected by any such conflicts and therefore have no right to sue to overturn the entire state law. Snipped   Complete Article: http://drugsense.org/url/HkHjfVOkSource: San Francisco Chronicle (CA)Author: Bob Egelko, Chronicle Staff WriterPublished: Friday, August 1, 2008Copyright: 2008 San Francisco Chronicle Contact: letters sfchronicle.comWebsite: http://www.sfgate.com/chronicle/ CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml

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Comment #7 posted by FoM on August 01, 2008 at 11:15:11 PT

Related Article From Metropolitan News-Enterprise
C.A. Panels Affirm, Strike Provisions of Medical Marijuana LawAugust 1, 2008http://www.metnews.com/articles/2008/act080108.htm
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Comment #6 posted by FoM on August 01, 2008 at 09:54:02 PT

dongenero
The joy the men and the lion felt was so obvious. Bringing his wife as they put it and to be petted was amazing too. She never felt the touch of a human. 
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Comment #5 posted by dongenero on August 01, 2008 at 09:47:42 PT

Yes indeed
What a connection to make, to experience. It looks amazing for all involved, lion included.
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Comment #4 posted by FoM on August 01, 2008 at 09:44:26 PT

dongenero
 I heard it being mentioned on the news but I didn't check it out until this morning. It really was a beautiful touching video. The men and the lion were in a world that few people ever will be able to experience. It must have been almost like a state of ecstasy for those few minutes. 
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Comment #3 posted by dongenero on August 01, 2008 at 09:36:09 PT

Nice FoM, I love animals
I've seen the lion video several times now and it is always heart warming. This version is expanded though and I had not seen all of it before.
It brings to mind St. Francis, patron saint of the animals.Who's day can't use a dose of kindness and compassion like this?
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Comment #2 posted by FoM on August 01, 2008 at 06:57:13 PT

Off Topic: Christian The Lion
This is such a touching video I wanted share it.It sure brought tears to my eyes. Bless the beasts and the children. God is Good.http://www.youtube.com/watch?v=adYbFQFXG0U
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Comment #1 posted by runruff on August 01, 2008 at 06:41:27 PT:

Uncle Sam is a pervert!
"The U.S. Supreme Court has ruled that the federal government can enforce its drug laws, which ban marijuana use and cultivation, against patients and their suppliers in California and the 11 other states that have legalized medical marijuana under their own laws."Right here is the croix of the problem. The big 
bad all mighty feds have overstepped their authority and won't back down. Supreme Court Judges that tweak and manipulate the wording of the law and the constitution create new law. Prohibition laws are a slippery thing. The feds have been trying since the "Harrison Act" to gain more power and authority through Prohibition. Our system of government was designed to keep the feds at bay, to keep them from trying to run our lives. This was never a part of their job description. Alcohol required an amendment to enact and another to repeal. When Timothy Leary challenged the Marijuana Tax Act as unconstitutional he won. Nixon and his cronies lost no time inventing another law more cleaver this time even having the appearance of legitimacy at first glance but wait..... If alcohol, a purely recreational drug needed an amendment, what about our choice of medication? Even our alternative choice for an alternative recreational substance?The blatant perversion of the commerce clause shows me with how much disdain "we the people" are held by the SC and these mammoth federal bureaucracies. They seem to be in our faces saying "yes, we pervert law to make law and we make laws that are good for us not you and what are you going to do about it?" 
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