The medical marijuana court case (previous episode here) has the feds working against the state court. Here's the latest court motion from Friday:
The U.S. Attorney's Office on Friday asked a federal judge to dismiss a contempt charge against federal agents who seized marijuana from a Colorado man who had state permission to smoke it for medical purposes.
The case highlights a clear conflict between state and federal laws.
Attorneys for the federal government argued in a brief filed Friday that the agents were following federal law, which treats marijuana as contraband. But Colorado law allows authorized medical patients to possess up to 2 ounces of loose marijuana and three live plants. Colorado has authorized about 300 patients to smoke marijuana.
If the Feds had used an ounce of common sense and not raided the poor guy in the first place they wouldn't have this problem now.
A motion was also made to have the case moved to Federal court, where presumably the Federal agents will receive more favorable treatmeant.
Update: TChris, a lawyer posting at Talkleft, has some analysis. This case may go to the Supreme Court.
