Mesogen
12-01-2007, 05:00 AM
http://cbs2.com/local/Medical.Marijuana.Garden.2.598475.html
Kha's attorneys argued that the 10th Amendment to the Constitution effectively prohibits federal interference with California's medical marijuana laws, and the three-justice panel of the 4th District Court of Appeal agreed.
The justices found that because, under state law, Kha was lawfully entitled to possess the marijuana, "due process and fundamental fairness dictate that it be returned to him."
The justices said Kha is "nothing more than an aggrieved citizen who is seeking the return of his property."
It's still ridiculous that he had to have "permission" to own a certain type of plant matter. If he didn't have a doctor's prescription then he would have been arrested and he would never get his property back. Regardless, this is a step in the right direction. The court ruled in favor of the 10th amendment and against encroaching federal rule.
Hopefully, this is a trend that continues.
Kha's attorneys argued that the 10th Amendment to the Constitution effectively prohibits federal interference with California's medical marijuana laws, and the three-justice panel of the 4th District Court of Appeal agreed.
The justices found that because, under state law, Kha was lawfully entitled to possess the marijuana, "due process and fundamental fairness dictate that it be returned to him."
The justices said Kha is "nothing more than an aggrieved citizen who is seeking the return of his property."
It's still ridiculous that he had to have "permission" to own a certain type of plant matter. If he didn't have a doctor's prescription then he would have been arrested and he would never get his property back. Regardless, this is a step in the right direction. The court ruled in favor of the 10th amendment and against encroaching federal rule.
Hopefully, this is a trend that continues.