Blaming the Victim: Medical Marijuana Patients
According to the counties of San Diego, San Bernardino, and Merced, medical marijuana patients pose a threat to public safety. How, exactly, an individual with a serious illness and a doctor’s recommendation to use cannabis as a means to find relief for their illness presents a threat to public safety is unclear. Sadly, the fact that there are no facts to support the charge that legitimate medical marijuana patients pose a risk to the safety of the public has not been enough to stop 69-years and counting of Federal medical marijuana prohibition.
The supervisors from San Diego, San Bernardino, and Merced counties prefer Federal medical marijuana prohibition to democracy. Even though each and every supervisor in question took a solemn oath to protect and defend the Constitution of California, they nevertheless decided to spend California tax dollars on a lawsuit that argues the voters have no authority to prevent their own police officers from subjecting legitimate medical marijuana patients to criminal sanction and/or prosecution.
Apparently the supervisors from San Diego, San Bernardino, and Merced forgot to read the document they are supposed to be protecting. If they had read the Constitution of California, they should have come across Article III, section 3.5c, which clearly states that no agency of the State of California can refuse to enforce California’s (medical marijuana) laws on the basis that Federal law is different from California law.
In a federal system of government it is perfectly fine for officials of the State of California to not arrest a legitimate medical marijuana patient. Not arresting a person for following the advice of their doctor is not a Federal crime. The United States Supreme Court said that Federal officials “may” prosecute a legitimate medical marijuana patient under Federal law, if, in fact, after trial, medical marijuana is shown to have no medical value (an unlikely verdict if the facts are considered at trial since even Federal scientists concluded that marijuana has medical value in 1999). While the Court said that Federal law does not currently recognize the existence of medical marijuana, the Court did not say that California officials could enforce Federal law against legitimate medical marijuana patients.
Both State and Federal courts have routinely held that Federal law is the domain of the Federal authorities, not State officials. State courts do not enforce Federal law. If a California judge does not have the discretion to enforce Federal law, then how can a California police officer (someone who is far lower on the totem-pole than judges) enforce Federal law in a manner inconsistent with the voters of the State of California?
A unanimous California Supreme Court upheld California’s voter-approved medical marijuana law as a “wholly” California law issue in 2002. Therefore, the supervisors from San Diego, San Bernardino, and Merced have spent, and are currently spending, California tax dollars to ask a court to opine what a unanimous California Supreme Court has already opined, i.e., medical marijuana, under certain conditions, as far as California officials are concerned, is not to be subject to the California criminal justice system.
If a California official cannot tolerate medical marijuana patients, then that California official needs to resign for failure to fulfill the oath of office. The rule of law means following the law, not replacing it with personal prejudice. Ten years have passed since the voters of California enacted their medical marijuana law. For the counties of San Diego, San Bernardino, and Merced to just now address the issue of medical marijuana (with a lawsuit of all things) reveals that they have been derelict in their duty.
Why didn’t the counties of San Diego, San Bernardino, and Merced enact medical marijuana regulations like the voters asked when the law was passed in 1996? By doing nothing the supervisors have created a situation where no one knows what the rules are with regard to the dispensation of medical marijuana in their respective jurisdiction. The problem is not the patients who need their medicine; the problem is the politicians who do not comply with their duty to faithfully enact California law, even the one they personally dislike. The failure of politicians to comply with the rule of law is the true threat to public safety.
Kenneth Michael White is an attorney and the author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica.com 2004). For more information visit; http://www.thebeginningoftoday.com
The supervisors from San Diego, San Bernardino, and Merced counties prefer Federal medical marijuana prohibition to democracy. Even though each and every supervisor in question took a solemn oath to protect and defend the Constitution of California, they nevertheless decided to spend California tax dollars on a lawsuit that argues the voters have no authority to prevent their own police officers from subjecting legitimate medical marijuana patients to criminal sanction and/or prosecution.
Apparently the supervisors from San Diego, San Bernardino, and Merced forgot to read the document they are supposed to be protecting. If they had read the Constitution of California, they should have come across Article III, section 3.5c, which clearly states that no agency of the State of California can refuse to enforce California’s (medical marijuana) laws on the basis that Federal law is different from California law.
In a federal system of government it is perfectly fine for officials of the State of California to not arrest a legitimate medical marijuana patient. Not arresting a person for following the advice of their doctor is not a Federal crime. The United States Supreme Court said that Federal officials “may” prosecute a legitimate medical marijuana patient under Federal law, if, in fact, after trial, medical marijuana is shown to have no medical value (an unlikely verdict if the facts are considered at trial since even Federal scientists concluded that marijuana has medical value in 1999). While the Court said that Federal law does not currently recognize the existence of medical marijuana, the Court did not say that California officials could enforce Federal law against legitimate medical marijuana patients.
Both State and Federal courts have routinely held that Federal law is the domain of the Federal authorities, not State officials. State courts do not enforce Federal law. If a California judge does not have the discretion to enforce Federal law, then how can a California police officer (someone who is far lower on the totem-pole than judges) enforce Federal law in a manner inconsistent with the voters of the State of California?
A unanimous California Supreme Court upheld California’s voter-approved medical marijuana law as a “wholly” California law issue in 2002. Therefore, the supervisors from San Diego, San Bernardino, and Merced have spent, and are currently spending, California tax dollars to ask a court to opine what a unanimous California Supreme Court has already opined, i.e., medical marijuana, under certain conditions, as far as California officials are concerned, is not to be subject to the California criminal justice system.
If a California official cannot tolerate medical marijuana patients, then that California official needs to resign for failure to fulfill the oath of office. The rule of law means following the law, not replacing it with personal prejudice. Ten years have passed since the voters of California enacted their medical marijuana law. For the counties of San Diego, San Bernardino, and Merced to just now address the issue of medical marijuana (with a lawsuit of all things) reveals that they have been derelict in their duty.
Why didn’t the counties of San Diego, San Bernardino, and Merced enact medical marijuana regulations like the voters asked when the law was passed in 1996? By doing nothing the supervisors have created a situation where no one knows what the rules are with regard to the dispensation of medical marijuana in their respective jurisdiction. The problem is not the patients who need their medicine; the problem is the politicians who do not comply with their duty to faithfully enact California law, even the one they personally dislike. The failure of politicians to comply with the rule of law is the true threat to public safety.
Kenneth Michael White is an attorney and the author of “The Beginning of Today: The Marihuana Tax Act of 1937” and “Buck” (both by PublishAmerica.com 2004). For more information visit; http://www.thebeginningoftoday.com
posted by Kenneth Michael White | 9:28 PM
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