Mon Mar 24 2008 (Updated 03/27/08)
CA Supreme Court Affirms ASA Win in Felix Kha Case
On Wednesday, March 19th, the California Supreme Court decided not to review last year’s
landmark return of property decision in Garden Grove v. Superior Court. By
affirming the appellate court’s decision, the Supreme Court has made
protection against seizure of medical marijuana by law enforcement legally binding
throughout the state of California.
In November of 2007, the California Court of Appeal ruled that state law enforcement could not use federal law as an excuse for not upholding California’s medical cannabis laws – therefore police must return medicine wrongfully seized from legal patients. ASA filed the successful appeal on behalf of Garden Grove patient Felix Kha in hopes of stemming the tide of hundreds of wrongful confiscations of medicine all over California. Kha had sought the return of his 8 grams of medical marijuana that was seized by police in June of 2005. In a ruling that rejects law enforcement's claim that federal law preempts the state's medical marijuana law, the court asserted "we do not believe the federal drug laws supersede or preempt Kha's right to the return of his property." The court further stated that, "it is not the job of the local police to enforce the federal drug laws..."
As a result of hundreds of cases of wrongful medical marijuana confiscation, and careful legal planning and research over the course of two years, ASA’s legal team felt that it built a strong defense for the rights of Felix Kha and others like him. ASA wants to make sure that the more than 250,000 legal patients and thousands of attorneys and public defenders are sufficiently educated about patients’ rights and protection from medicine confiscation to which patients are now entitled. ASA now hopes to educate police officers, prosecutors, and judges, and to use the media to end patient harassment and to ensure that police no longer claim that marijuana is illegal.
ASA's page about the Garden Grove case || Past coverage on Indybay: 11/2007: Appellate Court Strongly Vindicates Patients Right to Medical Marijuana Seized by Police | 8/2007: State Appellate Court to Hear Demand for Return of Patients' Medicine
