Medical marijuana patients won a landmark legal victory December 16th
when the Ninth U.S. Circuit Court of Appeals ruled that the federal
government has no constitutional authority to prosecute two California
women for possessing and growing marijuana for their personal medical
use.
Federal prosecutors have long argued that California's 1996 medical
marijuana law, Prop. 215, was superseded by the federal Controlled
Substances Act which outlaws the use or cultivation of marijuana for
any purpose. Law enforcement agents have used this reasoning to raid
and arrest medical marijuana patients and their caregivers. But in a
2-1 decision, the court found that if the marijuana is not purchased,
transported across state lines or used non-medically, the federal
government has no jurisdiction. The ruling covers the seven states in
the Ninth Circuit that have passed medical marijuana laws including
Alaska, Arizona, California, Hawaii, Nevada, Oregon and Washington.
California just passed another medical marijuana law, SB420 which goes
into effect next year.
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