Attorney Daily - Your source for the most important legal news

Oregon will officially resume issuing medical-marijuana registration cards today after its Attorney General, Hardy Meyers, concluded the June 6 ruling by the United States Supreme Court “has no legal impact on the operation of Oregon’s program.”

The Human Services Department had continued to process applications but had not issued any new registration cards until Oregon Attorney General Hardy Meyers rendered an opinion that nothing in the Supreme Court decision prevented the program from continuing.

In Oregon, patients qualify for a medical-marijuana card if a state-licensed physician verifies they suffer from certain serious medical conditions including cancer, HIV/AIDS, glaucoma, or severe pain and that they may benefit from marijuana use. Oregon voters approved the program in 1998 and, since then, 10,421 cards have been issued.  

Attorney General Meyers found the Supreme Court decision “does not hold the state laws regulating medical marijuana are invalid nor does it require states to repeal existing medical marijuana laws.” Meyers has also concluded that the decision does not compel any state to enforce federal drug laws and does not require a state to tell patients they could be prosecuted under federal laws.

In its 6 to 3 decision, the Supreme Court ruled that statutes like the California Compassionate Use Act of 1996, which permits the cultivation and use of marijuana under specific circumstances for medical purposes, are subject to being superceded by the federal government’s authority to regulate interstate commerce.

Thus, while not declaring California’s statute to be unconstitutional or void for any reason, the 6 Justice majority simply ruled that Congress has “the power to prohibit the local cultivation and use of marijuana in compliance with California law.”

Clearly, the state laws are still on the books. Doctors may still prescribe the use of marijuana for medical purposes without being criminally liable and there was no determination that the underlying purpose of the laws was flawed from a medical perspective.

In addition, the Court did not (and could not) compel state law enforcement authorities to enforce the ruling. This leaves overburdened federal law enforcement agencies like the DEA, ATF, and FBI to monitor 11 states (at present) for cases where critically ill patients may be growing a few marijuana plants for the relief of excruciating pain.  

Although federal law enforcement officers did raid a number of medical marijuana facilities in California last week which were considered “fronts” for illegal marijuana production and sales, it seems unlikely the initiative can be sustained over the long run and in all of the states having such programs,

The chances of those agencies making anything but token efforts to seize such small amounts of the substance is unlikely especially in an area where local law enforcement authorities have always been primarily responsible for policing the matter.

From a purely legal perspective, the Supreme Court decision also fails to address the very practical matter of: Would any jury in a state which already passed a law allowing for such “compassionate use” of marijuana ever convict anyone who disobeyed the Supreme Court’s decision in an effort to alleviate their constant, excruciating pain?      

Many critically or terminally ill people who have been helped by the “compassionate use” laws have already stated that they will continue to use marijuana for medical purposes.

While the White House has taken the position that the Supreme Court decision puts the matter to rest, the facts would seem to indicate that the battle has only just begun since the Rhode Island legislature approved the use of medical marijuana Tuesday night.

Although Gov. Donald L. Carcieri vetoed the bill Wednesday evening, saying it would encourage marijuana use, sanction criminal activity and make the drug more available to children, it appears those supporting the bill have the necessary three-fifths vote in each heavily democratic chamber of the legislature to override the veto. The bill passed the Senate 33 to 1 after a 52 to 10 vote in the House.

If the veto is overridden, Rhode Island will become the 11th state to allow medical marijuana, and the first to do so after the Supreme Court ruling.

The CPSC, in cooperation with LG Electronics Inc. (of Lincolnshire, Illinois) and Sears, Roebuck and Co. (of Hoffman Estates, Illinois) have announced a voluntary recall to retrofit 20,000 LG and Kenmore Elite® Trio™ Three-Door Refrigerators manufactured in Korea. Consumers should contact the manufacturer or retailer for further instruction.

A faulty component in the condenser fan motor can short circuit. This could cause the condenser fan motor to overheat, posing a potential fire hazard to consumers.

LG Electronics has received 82 reports of incidents involving a condenser fan motor failure due to a failed capacitor arcing and smoking. There has been smoke damage in a few incidents. There have been no reported injuries.

The recalled refrigerators are three-door, 21 to 25 cubic foot units with a bottom freezer. The refrigerators come in titanium, stainless steel, bisque, white or black. Brand names are identified on the door at the top right of the units and the interior data plate. The units have the following model and serial numbers located on the data plate inside the fresh food section of the refrigerator door:

Brand    Product    Model Number    Serial Number Range
Kenmore Elite® Trio™    Trio bottom freezer refrigerator with external filtered water dispenser    21Cu.Ft.
795.7519240*
795.7519340*
795.7519440*
795.7519640*
795.7519940*     25Cu.Ft.
795.7554640*
795.7554940*
795.7555240*
795.7555340*
795.7555440*     25Cu.Ft.
795.7555640*
795.7555940*
795.7554240*
795.7554340*
795.7554440*     405KRxxxxx through 410KRxxxxx
LG    Three-door bottom freezer refrigerator without water dispenser    LRFC21755TT
LRFC21755SB
LRFC21755ST
LRFC25750WW    LRFC25750SW
LRFC25750SB
LRFC25750TT
LRFC25750ST
    405KRxxxxxxx through 410KRxxxxxxx

*Not all refrigerators within the serial number range are included in the recall. Consumers should call LG or Sears to determine whether their refrigerator is included in the recall.

Sears stores nationwide sold the Kenmore brand exclusively and other major retailers nationwide sold the LG brand refrigerators from May 2004 through May 2005 for between $1,400 and $2,400. Consumers should contact Sears or LG to arrange for a free in-home repair.

For further information call LG toll-free at (888) 294-5782 or Sears at (800) 659-7026 between 8 a.m. and 10 p.m. CT Monday through Saturday. Consumers also can log on to http://us.lge.com or www.sears.com for further information on those models included in the repair program and to arrange for an in-home appointment.

The CPSC has announced an agreement (pdf) with the Canadian government aimed at further improving consumer safety and making both the United States and Canadian marketplaces among the safest in the world. This agreement is also part of the “Security and Prosperity Partnership” between the U.S., Canada, and Mexico.

The Memorandum of Understanding (MOU) calls for increased harmonization of existing and prospective safety standards, and exchanging more information on safety research and other findings. The agreement also calls for both agencies to share inspection and laboratory test results, where appropriate.

Another key provision that Health Canada has agreed to involves advance notification to CPSC when a product that violates a Canadian safety standard or poses a danger to Canadian consumers is intended for export to the United States.

Canadian officials will inform CPSC staff in a timely manner of a shipment’s contents and intended importer, so that steps can be taken to ensure the greatest protection of American consumers, which can include re-routing or denying entry of the non-compliant products.

CPSC has been notifying other countries for years of non-compliant and/or violative U.S. goods requested for export.

Since consumers in both countries shop in similar stores and use many of the same products, the will help both agencies identify dangerous products faster and save lives and prevent injuries in the U.S. and Canada. In recent years, the informal cooperation between the U.S. and Canada in the area of consumer protection has increased dramatically.

This agreement will strengthen that cooperation and serve to safeguard the people of both countries against potentially harmful consumer products.

The MOU builds upon existing information sharing that includes monthly conference calls between officials at CPSC and Health Canada. Now, CPSC will be able to provide more timely and in-depth information to Canadian media who contact CPSC about recalls and safety alerts that affect Canadian consumers.

The CPSC/Health Canada MOU also builds on the “Security and Prosperity Partnership of North America (SPP),” announced earlier this year by President Bush, Canadian Prime Minister Paul Martin, and Mexican President Vicente Fox. The SPP is a trilateral effort to increase security and enhance prosperity among the three countries through greater cooperation and information-sharing.

CPSC is currently negotiating with its Mexican counterpart, PROFECO, to reach a similar Memorandum of Understanding agreement.