Preemption: Medical Marijuana
Public Citizen is assisting the real party in interest, Felix Kha, who is represented by Americans for Safe Access. After Kha was pulled over for running a red light, local police officers seized Kha's medical marijuana. The trial court judge ordered the City to return Kha's marijuana, which he validly possessed under California law, but the City refused, arguing that the return of the marijuana was preempted by federal law. The Supreme Court requested a response. The brief in opposition argues that the City lacks standing and that federal law does not preempt the City from returning Kha's property.
The questions presented are:
- Does the Due Process Clause of the 14th Amendment require the return of “medical marijuana” when the person from whom the drug was seized is not prosecuted under state drug laws, despite the fact that the Controlled Substances Act provides that there is no protected property right in marijuana?
- If California’s medical marijuana laws are interpreted to require that police return marijuana seized from a “qualified patient” as defined by state law, does that requirement conflict with federal drug laws which generally make the distribution and possession of any amount of marijuana illegal?
Brian Wolfman and Leah Nicholls of Public Citizen were co-counsel for Kha at the cert stage, and the Supreme Court denied cert. |
