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WASHINGTON, D.C. -- Today's U.S. Supreme Court ruling in the medical
marijuana case, Gonzales v. Raich, does not invalidate state medical
marijuana laws and should have essentially no impact on their
implementation, officials of the Marijuana Policy Project said today.
The ruling allows federal authorities to enforce federal marijuana
laws against patients who are protected under state medical marijuana
laws -- preserving the status quo as it has existed since California
passed the first effective medical marijuana law in 1996 and leaving
it up to Congress to protect patients from federal attacks.
"While we're disappointed, the validity of state medical marijuana laws was never at issue in this case," said Rob Kampia, executive
director of the Marijuana Policy Project in Washington, D.C., which
provided major funding for the litigation. "The medical marijuana laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada,
Oregon, Washington, and Vermont will continue to protect patients from arrest by state and local authorities. Because the DEA and other
federal agents make only one percent of our nation's 750,000 marijuana arrests every year, patients in states with medical marijuana laws
retain a high level of protection. Congress should act today to give
those patients complete protection from arrest."
"In his opinion, Justice Stevens stressed the need for medical
marijuana patients to use the democratic process, putting the ball in
Congress' court," Kampia noted. "This is especially important now
because next week, the U.S. House of Representatives will vote on an
amendment that would prevent the federal government from spending
funds to interfere with state medical marijuana laws."
"Just because the Supreme Court has said the federal government
can continue to arrest medical marijuana patients doesn't mean the
federal government must do so," Kampia added. "Unfortunately, because
there is no indication that the DEA is going to resist the urge to
arrest seriously ill patients, Congress must step in to protect
patients without delay."
Legislation to protect medical marijuana patients continues to
enjoy strong support from both the medical community and the general
public. Organizations endorsing such protections include the American
Public Health Association, American Nurses Association, American
Academy of HIV Medicine, and the state medical associations of New
York, California, and Rhode Island.
With more than 17,000 members and 120,000 e-mail subscribers
nationwide, the Marijuana Policy Project is the largest marijuana
policy reform organization in the United States. For more information, please visit http://www.MarijuanaPolicy.org.
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