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Tuesday, June 07, 2005

The Court Rules Against Medicinal Marijuana

Given that this blog is based in Oregon (even if its author isn't often in the state these days), I wanted to wait until the Oregon papers began to publish their stories before I mentioned the medicinal marijuana ruling by the Supreme Court yesterday. The Salem Statesman Journal runs Gina Holland's AP piece today, leaving The Oregonian's Ashbel S. Green as the lone Oregon reporter to have a scoop on the decision (so far, at least). Green's lede:

A divided U. S. Supreme Court on Monday said federal law enforcement can disregard state medical marijuana laws and seize plants and make arrests.
Green continues, with the local slant.

The ruling covers 11 states with medical marijuana laws, including Oregon, but the practical impact was far from clear.

Oregon officials said the decision confirmed their earlier conclusion that state law only protected medical marijuana users from local prosecution.

"Today's decision clarified that the federal government has clear authority to prosecute cardholders who are in compliance with Oregon law," said Kevin Neely, spokesman for the Oregon Department of Justice.

But just because federal drug agents can go after medical marijuana users, including more than 10,000 in Oregon, does not mean they will.

Since California passed the first medical marijuana law in 1996, federal drug agents have rarely pursued the type of small-scale, backyard growing operations that typical medical marijuana users operate.

Instead, the Drug Enforcement Administration focuses on large-scale marijuana growing and sales.

"We go after major trafficking organizations," DEA spokesman Bill Grant in Washington, D.C., said Monday. "Our mission hasn't changed."
Further, even if a DEA Agent were to bust an 87 year old glaucoma patient smoking pot, the case would be tried locally. And trying to prosecute such a case might be difficult in Oregon, California, or other such states. So while this ruling certainly curtails the slow state-by-state move towards legalization of medicinal marijuana, according to Green's reading, it might not have the most tangible results in Oregon.
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