In the first decision of its kind, a federal judge has ruled that California’s medical marijuana advocates may go forward with a claim that the federal government has a pattern of drug law enforcement intended to subvert California law in violation of the U.S. Constitution.
U.S. District Judge Jeremy Fogel, in San Jose, Calif., said he will allow Santa Cruz County to go forward with its claim that federal authorities deliberately are seeking to frustrate the state’s ability to determine whether an individual’s use of marijuana is permitted medical use, or illegal recreational use.
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