In a story called, Federal Court: U.S. Can’t Subvert California’s Medical Marijuana Laws we learn:
In a first-of-its-kind ruling, a federal court today held that the U.S. Constitution bars deliberate subversion by the federal government of state medical marijuana laws.It takes no imagination to apply this very same logic the the Department of Education's ruthless policies toward Boards of Education's rights to regulate and administer education locally.
“Utilizing selective arrests and prosecutions, the federal government has sought to sabotage California’s reasoned approach to medical marijuana use,” said Graham Boyd, Director of the ACLU Drug Law Reform Project. “For the first time, a court has recognized that a calculated plan by the federal government to undercut state medical marijuana laws is patently unconstitutional. Today’s decision forecasts an end to any organized federal effort to sabotage state medical marijuana laws.”
While previous high-profile cases affirmed the federal government’s power to enforce federal drug laws against individual medical marijuana patients and providers on a case-by-case basis, today’s ruling clearly recognizes that a calculated pattern of federal enforcement can render state medical marijuana laws effectively inoperable, which would violate the Tenth Amendment of the U.S. Constitution.
“It is obvious to anyone paying attention that federal officials have gone to great lengths to sabotage state efforts to allow for appropriate medical marijuana use,” said Boyd. “The court made clear that this deliberate interference - once proved - would be unequivocally unconstitutional.”
Let the lawsuits begin.