What Happens Now?
The 10 State Laws Protecting Patients from Arrest and Jail Remain in Effect.
Although some media reports have failed to make this clear, the Supreme Court ruling does not strike down medical marijuana laws in California, Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont or Washington state. The validity of the state medical marijuana laws was never at issue in the case, and laws protecting patients from arrest and jail under state law remain in full effect. Indeed, state officials in nine of these ten states have confirmed that the Supreme Court decision does not impact state medical marijuana laws.
The court has continued the status quo as it has existed since California passed the first of 10 state medical marijuana laws in 1996: Patients and caregivers in these states who legitimately possess or grow medical marijuana are protected under state law, but are not exempt from prosecution under federal anti-drug statutes.
This provides patients in states with medical marijuana laws a high degree of protection: Federal agents make only 1% of our nation's 750,000 marijuana arrests every year; 99 out of 100 marijuana arrests are made by state and local police enforcing state and local laws. Therefore, in practical terms, state medical marijuana laws reduce patients' risk of arrest by 99 percent. That isn't perfect, but it is real and substantial.
And state and local authorities in most states with medical marijuana laws said they have no intention of arresting medical marijuana patients.
The ruling "does not overturn California law permitting the use of medical marijuana, but it does uphold a federal regulatory scheme that contradicts the will of California voters and limits the right of states to provide appropriate medical care for its citizens," California Attorney General Bill Lockyer noted. "Although I am disappointed in the outcome of today's decision, legitimate medical marijuana patients in California must know that state and federal laws are no different today than they were yesterday."
In Montana, the 119 residents who have paid $200 to get on the state's confidential registry won't face state prosecution, state Attorney General Mike McGrath told reporters. He added that the state is not obligated to help federal authorities prosecute people following state law.
What Should the Public do Next to Protect Medical Marijuana Patients from Arrest and Jail?
In its ruling, the Supreme Court indicated that Congress — not the Court — must be the institution to change federal law to protect AIDS, cancer, and other medical marijuana patients from arrest. Congress should act immediately to give those patients complete protection from arrest. Please tell your member of Congress to protect seriously ill medical marijuana patients. Click here to send a letter urging your U.S. representative to vote to protect medical marijuana patients who act in compliance with state law.
Additionally, state officials must continue to do everything they can to protect patients under state law. In states with medical marijuana laws, this means continuing to implement those laws exactly as before. And in states without such laws, legislators must realize that they are the best hope for sick and suffering patients. They must act now to protect patients under state law.
If you agree that people fighting for their life and dignity against an illness like cancer, AIDS, or multiple sclerosis should not have to live in fear of arrest simply for using a medicine that lessens their suffering, please do the following:
- Use MPP's legislative action center to ask your U.S. representative to protect medical marijuana patients from arrest and jail.
- Support MPP's hard-hitting aggressive lobbying work by making a financial donation today, so that we can afford to pressure Congress to pass federal legislation protecting patients from arrest and jail.
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