ASA sues DoJ over California medical marijuana crackdown

Eric Holder

Uh oh, his lips are moving…

(LA Times) A medical marijuana advocacy group has sued the U.S. attorney general and the top federal prosecutor in Northern California, asking a federal court to halt recent raids and threats of prosecution that have significantly stepped up the Obama administration’s assault on the state’s 15-year-old program.

Americans for Safe Access, an advocacy group based in Oakland, filed a lawsuit in U.S. District Court in San Francisco that accuses the Obama administration of violating the Constitution’s 10th Amendment by using coercive tactics to interfere with powers that are delegated to the states.

The 17-page lawsuit takes aim at resolving one of the most critical legal issues that remains unsettled even though voters approved medical marijuana in a ground-breaking initiative in 1996. Because marijuana remains illegal for all uses under federal law, municipalities and states have struggled with how to regulate it for medical use. The federal prosecutors in California have now insisted that cities and counties cannot do anything that actively allows marijuana use, such as permitting dispensaries.  A recent California appellate court ruling reached the same conclusion, but other appellate courts in the state have instead ruled that federal law does not trump state medical marijuana laws.

I’m glad they’re suing.

I don’t think they can win.

See: blackmailing states with threats of withholding federal highway funds unless they raise their drinking age to 21, circa 1984-1987.

Still, the suit brings the issue to the public, so go for it, ASA!

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