Supreme Court Refuses to Hear Case on Seized Medical Marijuana

[Ms. RedEye]

More than three years after Garden Grove police seized a small amount of marijuana from a chronic pain patient, the U.S. Supreme Court on Monday refused to consider the city's argument - which divided California's major law enforcement organizations - that it should not have to give the drugs back.

Advocates cheered the development as a step forward for medical marijuana users to get their "medicine" back from police.

"This is our biggest legal victory to date, and we're very glad it's now become final," said Joe Elford, an attorney with Americans for Safe Access, an Oakland-based medical marijuana advocacy group.

City officials expressed disappointment and said their position was never to challenge the constitutionality of California's medical marijuana law, only whether police could be forced to return the drug.

Police pulled over Felix Kha, a Garden Grove resident, in June 2005 for a traffic violation and found him in possession of one-third of an ounce of marijuana.

Though Orange County prosecutors dropped drug charges after a doctor confirmed that the cannabis was for medical use, police refused to return the drugs on the grounds that to do so violated federal drug distribution laws.

A judge in Orange County Superior Court sided with Kha, ordering the police to return his marijuana. But the city again refused and instead appealed to California's 4th District Court of Appeal. The court of appeal also sided with Kha, declaring that patients enjoy a federally protected property right to their medical marijuana.

Garden Grove argued that such a right doesn't exist since federal law makes marijuana possession illegal in almost all circumstances, and asked the California Supreme Court to look at the case, but in March the court refused.

Now, the U.S. Supreme Court's refusal to review the decision brings the case to a close.

Elford said his group has received hundreds of complaints from medical marijuana patients about local police seizing their drugs on the logic that "we'll take it from you and let the courts sort it out."

With the Kha case closed, he said, "There will be hundreds, if not thousands of patients who will no longer be subject to the confiscation of their medicine." Elford said that California, one of 13 states that had declared medical marijuana to be legal, has as many as 300,000 valid medical marijuana patients.

A litany of the state's major law enforcement organizations opposed the return of Kha's marijuana, including the California State Sheriffs' Assn., the California Police Chiefs Assn., the California Peace Officers' Assn., and the California District Attorneys Assn., along with 15 cities or counties. But Atty. Gen. Jerry Brown supported Kha's position.

Lawyers for Garden Grove argued that California law didn't contain a specific provision for the return of medical marijuana, and contended that to return the drugs would violated federal law. M. Lois Bobak, an attorney for Garden Grove, called the U.S. Supreme Court's refusal to review the case a disappointment. She said police lawfully seized Kha's marijuana since, at the time he was pulled over, he could not prove he had a legal right to possess marijuana .

She said Garden Grove did not challenge the constitutionality of California's medical marijuana law, called the Compassionate Use Act.

"The only thing Garden Grove argued was that requiring police to return properly seized marijuana would conflict with federal law," Bobak said. "There's nothing in the Compassionate Use Act that says police have to return marijuana that is properly seized."

Elford said Kha's marijuana was never returned, and that his client moved out of Garden Grove as the case was making its way through the courts. Despite his victories, given the amount of marijuana involved, "it wasn't worth his while" to return and claim it now.

"I'm in good spirits today. I've been litigating this thing for over three years," Elford said Monday. "It's been a long, strange journey."


News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Los Angeles Times
Author: Christopher Goffard
Copyright: 2008 Los Angeles Times
Contact: How to Contact the Los Angeles Times - Los Angeles Times
Website: Supreme Court refuses to hear case on seized medical marijuana - Los Angeles Times

 

[Keith Lake]

A judge in Orange County Superior Court sided with Kha, ordering the police to return his marijuana. But the city again refused and instead appealed to California's 4th District Court of Appeal. The court of appeal also sided with Kha, declaring that patients enjoy a federally protected property right to their medical marijuana.

Now, the U.S. Supreme Court's refusal to review the decision brings the case to a close.

So refusing to hear the case means the last ruling stands (for the good guys and against the police)

A litany of the state's major law enforcement organizations opposed the return of Kha's marijuana, including the California State Sheriffs' Assn., the California Police Chiefs Assn., the California Peace Officers' Assn., and the California District Attorneys Assn., along with 15 cities or counties. But Atty. Gen. Jerry Brown supported Kha's position.

The grip of control loosened just a little more; deal with it

"The only thing Garden Grove argued was that requiring police to return properly seized marijuana would conflict with federal law," Bobak said. "There's nothing in the Compassionate Use Act that says police have to return marijuana that is properly seized."

I would have prefered that once and for all the supreme's would have shut down this "but it's against federal law" crap.

Still a huge victory.

 

[wordsworm]

I wouldn't necessarily call this a huge victory. I would say that by not hearing the case, the federal court has avoided taking responsibility. What would have been better is had the federal court worked over the ruling and then issued a statement to the effect, "Pigs must return the bud."

Meanwhile, after he picks up the herb he notices that it's not his. When asking about where his weed went, the police hide their bong and rolling papers.

 

[Keith Lake]

I wouldn't necessarily call this a huge victory.

I think the bowl is half full - not half empty

The State of California lost it's final appeal to it's absurd claim they didn't have to return illegally confiscated medicine.

I agree with you it would have been better if the Supreme Court would have taken the case and told the State to their face - but regardless we have the same result.

 

[wordsworm]

"I agree with you it would have been better if the Supreme Court would have taken the case and told the State to their face - but regardless we have the same result."

This is where I disagree. Had they heard the appeal and ruled in favor of the lower court's decision, then that would've made both a precedent and sent a message to all 50 states. As it is, failing to hear the case only validates the case in a single state. In my opinion, that makes a world of difference.

Just to add - if they had heard the case, and another incident like this occurred in another state that had legal medical weed, the local defense attorney could cite the federal decision. I don't think referring to another judge in another state jurisdiction has the same effect.

 

[Keith Lake]

^^ you make good points

I also would have prefered the more clear message, there is no doubt it would have been better for the cause in precedent and in breadth.

Still, I'll take "better" even though "best" would have been preferable

 

[Racefan]

ANY advancement is a good thing. Yes a ruling would set precedent and would have been the best to happen but as long as we aren't taking one step backwards it's a victory IMO.

 

[timireferseed]

Racer Bro, I'll second that.All that time the boys had his smoke it probaly went stale anyways.