A federal judge ignited the medical marijuana debate further yesterday after upholding a lawsuit brought by the city of Santa Cruz and various marijuana growers against federal drug enforcement agents that seized their crops in a 2002 raid.
In 1996, California voters approved by referendum a new law allowing individuals to grow and use marijuana with their doctor's approval. But federal drug agents and prosecutors have failed to recognize California's right to pass such a law, and have continued to shut down medical marijuana dispensaries and seize all products.
The U.S. Supreme Court have upheld the actions of federal officials in the past, but U.S. Federal District Court Judge Jeremy Fogel said the plaintiffs in the current case may be able to show that the federal government exceeded its constitutional authority by trying to force California to repeal its marijuana law.
The Santa Cruz lawsuit claims that federal prosecutors attempted to
disrupt the California law by enforcement that targeted critical
participants in the state system such as doctors who prescribed
marijuana, officials who issued medical marijuana cards and approve permits for marijuana shops, and the growers.
Justice Department lawyers argued that the suit, if successful, "would unlawfully inject the courts into considerations of how the government is enforcing federal law, matters which the Constitution vests in the executive branch."
Judge Fogel argued that the plaintiffs "may be able to show that (federal
officials) are deliberately seeking to frustrate the state's ability to
determine whether an individual's use of marijuana is permissible under
California law" and have thus created unconstitutional attempts to cripple the state's right to self-regulate.
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