Highway patroll cops bust me last night! Im a med patient!!!

http://www.safeaccessnow.org/article.php?id=5614 said:

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."

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"The source of local law enforcement's resistance to upholding state law is an outdated, harmful federal policy with regard to medical marijuana," said ASA spokesperson Kris Hermes.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."

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http://www.safeaccessnow.org/article.php?id=5622 said:

Los Angeles, CA -- Medical marijuana advocacy organization Americans for Safe Access (ASA) filed legal briefs today accusing the City of Montebello of contempt of court. A request for the Los Angeles Superior Court to issue contempt proceedings was filed in response to the refusal by the City of Montebello to return medical marijuana and other property wrongfully seized by its local police department. On October 15, 2004, local police seized marijuana plants, growing equipment, and personal correspondence from the Montebello home of Terry Walker. Police criminally charged Walker, irrespective of his status as a medical marijuana patient. Walker's criminal case was soon after dismissed and a court order was subsequently issued for the return of his property. However, despite Walker's court order, the City of Montebello refused on several occasions to return any of his property.

"Given recent case law requiring police and local officials to respect state law and return any wrongfully seized medical marijuana, the City of Montebello has a clear obligation to adhere," said Joe Elford, Chief Counsel with ASA, the organization representing Walker in his contempt claim. "This blatant contempt for the rule of law is unacceptable and cities like Montebello will be called out if such conduct continues."

In November 2007, the California Fourth District Court of Appeal issued a 41-page decision rejecting the argument that the state's medical marijuana law is preempted by federal marijuana laws. The court of appeal ruled that "it is not the job of the local police to enforce the federal drug laws." The case City of Garden Grove v. Superior Court involved medical marijuana patient and Garden Grove resident Felix Kha who was charged after a routine traffic stop and 1/3 of an ounce of medical marijuana was seized. As a result of the appellate court decision, the City of Garden Grove, and all other localities in California, are now obligated to return wrongfully seized medical marijuana. In December of 2008, the U.S. Supreme Court refused to review Garden Grove's appeal.

"We are going to file contempt charges against cities and counties that run afoul of their obligation under the state's medical marijuana law," continued Elford. "The indiscretion of city's like Montebello will not be tolerated, especially more than twelve years after the passage of Proposition 215, California's Compassionate Use Act." The brief filed today points to the California Code of Civil Procedure, which makes punishable by contempt of court "disobedience of any lawful judgment, order, or process of the court." In addition, the brief states "courts have the inherent power to punish acts that interfere with the orderly conduct of proceedings," such as those in Walker's case.

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GrowTech said:

I put some things together for you to help you on this one...

First off

U.S Supreme Court: State/Local Law enforcement MUST uphold STATE marijuana laws over federal, regardless of what THEY feel is right.





Secondly.... The city mentioned in the article above is currently being charged with contempt for refusing to uphold CA MMJ laws...




So yes, they MUST adhere to state MMJ policy, and by not doing so they are creating a possibly huge fuss further down the line... Do I think you will be in trouble? No, you're 100% legal whether or not the police or state likes it. Will you get your meds back? Very likely depending on whether or not the jurisdiction that is responsible for your big ordeal is interested in saving face, or challenging you on it.

Chances are the cop that busted you is either a rookie, and is going to be taught a lesson on this, or he is an old stubborn fuck that is just going to have to learn the hard way.

Either way, I would consider talking to someone with ASA about this to get a better response... Their website is www.safeaccessnow.org and I'm sure they would be interested in documenting the ongoings of your case.

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A W O L said:

Last night I was on my way toward the city with my friend for new years eve when my car starts pinging and suddenly dies on me. My engine is shot basicly which sucks and now we're on the side of the road 60 miles away from home. So I call AAA to come get me and as I'm on the phone with them Highway Patroll rolls up behind us. An officer came up to my passenger side and stuck his head in the window which was already open. He said he smelled pot, and I told him I don't smell anything. Then he said the other officer smells it too and that there's probable cause to search me and my vehicle. I told him that I don't consent to searches.. and my friend says the same we don't consent to unlawful searches. He said I smell pot, and I should just tell him where it's at so he doesn't have to dig my car apart. By this time I told him I had my medical card but he didn't really acknowledge it. He then had us get out and patted us down and took my medical card and asked what county I'm from I told him he said I'm in San Mateo county and it doesn't work here. And he told me my card isn't valid. I have Medicann and a recomendation. And there's a verification number for him to check but I still got charged with Posession Of less than one ounce of marijuana 23222 (b) vc is the code .
He also told me he's just one branch of the government, it's his job to find it. and when I go to court they will decide what they will do. And if they say I can have my medicine back I can go pick it up at his office.
IM STRESSED BEYOND BELEIEF> MY CAR IS MESSED UP. ITS STILL REGISTERED UNDER MY STEP DAD @ HIS HOUSE> I DON"T WANT HIM RECIEVING INFO ON THIS>
I WOULD LIKE MY MEDS BACK AND I DON"T KNOW WHAT TO DO FOR THIS COURT DATE>> I SIGNED AN AGREEMENT TO SHOW> BUT ONCE I SHOW SHOULD I JUST BRIND IN ALL MY MEDICANN PAPERS AND MED CARD??

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