Originally Posted by http://www.safeaccessnow.org/article.php?id=5614

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"The source of local law enforcement's resistance to upholding state law is an outdated, harmful federal policy with regard to medical marijuana," said ASA spokesperson Kris Hermes.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

Originally Posted by http://www.safeaccessnow.org/article.php?id=5622

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.