Marijuana Policy Project

Supreme Court Ruling Does Not Overturn State Medical Marijuana Laws

Washington, D.C. — The Marijuana Policy Project (MPP) today promised to sue the Oregon state government if its medical marijuana program does not continue issuing identification cards to qualified patients and caregivers. The U.S. Supreme Court ruling in Gonzales v. Raich does not overturn the medical marijuana laws on the books in 10 states, and any attempt by Oregon officials to subvert the state's existing medical marijuana program is unwarranted and will be challenged in court.

Halting the issuance of state identification cards to Oregon patients and caregivers may actually be more harmful than the relatively small threat of federal interference. Because 99% of all marijuana arrests are made at the state and local level, state protections — such as ID cards issued by state authorities — are the best way to protect medical marijuana patients.

"Oregon has done more harm to patients today than the DEA ever could," said Rob Kampia, executive director of MPP, which is based in Washington, D.C. "By depriving patients of the only protection they have under state law, Oregon is saying that not only federal agents — but also state and local police — can raid, arrest, and prosecute seriously ill medical marijuana patients. This is grossly unjust, and we look forward to suing the Oregon government in court."

"Oregon is alone in its overreaction — and legally incorrect reaction — to today's Supreme Court decision," added Kampia. "The attorneys general of California and Nevada said today that their states' medical marijuana laws are unaffected by the Supreme Court ruling, and the attorneys general of the other seven medical marijuana states have not challenged or changed their states' policies."

"When Oregon voters approved medical marijuana in 1998, the federal government never promised that it wouldn't go after patients," said Kampia. "None of the 10 states with medical marijuana laws have ever been given that kind of assurance. In fact, before today's ruling, the DEA had already raided numerous medical marijuana providers, mostly in California but also in Oregon and Colorado. Today's ruling only reiterates that those raids can — but do not have to — continue."

With more than 17,000 members and 120,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP works to minimize the harm associated with marijuana — both the consumption of marijuana and the laws that are intended to prohibit such use. MPP believes that the greatest harm associated with marijuana is imprisonment. For more information, see http://www.MarijuanaPolicy.org.

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