Medical Marijuana Advocacy Group Sues Obama Administration


Posted by Mark DeLucas on October 29, 2011 1:48 PM

A California medical marijuana advocacy group is taking the Obama administration to court in an effort to halt the Justice Department’s assault on marijuana growers and dispensers, the Los Angeles Times reports.

Americans for Safe Access, an advocacy group based in Oakland, Calif., has filed suit against U.S. Attorney General Eric Holder and northern California federal prosecutor Melinda Haag, claiming that the federal government’s recent crackdown on medical marijuana operations is in violation of the Constitution’s 10th Amendment.

Marijuana is a schedule 1 substance, deemed illegitimate for medicinal purposes and outlawed federally under the Controlled Substances Act, which the federal government is entitled to enforce. However, according to Americans for Safe Access, individual states are free to regulate substances as they see fit, and by virtue of the 10th Amendment the federal government cannot compel state authorities to contravene state law.

“Under the 10th Amendment, the government may not commandeer the law-making functions of the state or its subdivisions directly or indirectly through the selective enforcement of its drug laws,” the suit claims.

“The federal government has instituted a policy to dismantle the medical marijuana laws of the state of California and to coerce its municipalities to pass bans on medical marijuana dispensaries,” the lawsuit says. “To this end, the government has pursued an increasingly punitive strategy, which has involved criminal prosecutions of medical marijuana providers with draconian penalties and letters threatening local officials if they implement state law.”

The suit cites, among other notices, a federal missive to the city of Oakland, informing city authorities that failure to enforce federal anti-marijuana laws would make them subject to prosecution.

“I like this lawsuit,” San Francisco attorney Kenneth Wine told the San Francisco Weekly.

“While the federal government and its agents can do what they like in enforcing the federal criminal laws, they cannot compel the state to assist them,” Wine said. “I suspect this case will cause the federal government in California to be very careful in the way they address state and local officials. Certainly, the threats and coercion against state and local officials by the U.S. Attorneys must stop, and likely will. For the feds to do otherwise is to put their marijuana enforcement strategy in jeopardy.”


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