If you have been arrested for possession of marijuana or any other crime in Idaho and need to speak to a Boise Criminal Attorney or an Idaho Criminal Defense Lawyer, please call (208) 472-2383.
Recently in the news, in news magazines and blogs all over the web there have been articles, essays and reports about various states enacting medical marijuana legislation. There have been pleas to stop the insanity, demands to "just legalize it already" and the rare non-biased news report simply illuminating the facts about medical marijuana.
Over the weekend I had the opportunity to meet a gentleman from Colorado and to see first hand the much talked about medical marijuana card. The gentleman posed an interesting question to me regarding medical marijuana. His question was, if he has a valid medical marijuana prescription from Colorado and he brings his "medicine" into Idaho can he be charged with possession here? Sounds like an easy question right? Wrong.
Article VI, Section 1 of the United States Constitution states that "Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other State". This is supposed to mean that each state in the United States will recognize the validity of the laws of a sister state even if their laws are different or contradictory to their own. Think, for example, if the laws of one state were not recognized by another. If I was married by common law in Idaho before 1996 and I move to a state that does not recognize common law marriage, would I suddenly be a single person? No, of course not. My marriage would be honored and recognized because of Full Faith and Credit. Likewise, if I get a divorce in Idaho and my property is split according to community property laws and I move to another state that does not recognize community property law, that state will still acknowledge my ownership as determined by community property pursuant to my Idaho divorce decree.
Some people argue that because it is a criminal law issue, Full Faith and Credit does not apply to medical marijuana. This is simply absurd. A state court in one jurisdiction can enforce an order of a court from another jurisdiction even if it is a criminal matter. Domestic Violence orders across state lines are not ignored simply because they are of a criminal nature.
So what about medical marijuana? Is it a crime to possess marijuana in Idaho that was prescribed pursuant to law by a Colorado doctor, after the State of Colorado passed the law allowing possession of marijuana for medical use? The Supreme Court of the United States has clearly held that every state must give judgments from other states “the same credit, validity, and effect” that would be given to the judgment in the state that rendered it. (Williams v. North Carolina, 317 U.S. 287, 293-94 (1942) (Williams I)). So it shouldn't be a crime right? Well, even though the Supreme Court has said in so many words that it shouldn't be, like a lot of issues in the law, it is as clear as mud.
Even though the Constitution of the United States says Full Faith and Credit must be given, it is routinely denied. Think of gay marriage. Just because Massachusetts allows a gay couple to get married does not mean Idaho will recognize that marriage, and in fact, Idaho does not recognize gay marriages from other states. Where is the Full Faith and Credit there? Oh, yeah, its called the ever-present "public policy" exception. The irony of that? If that same Massachusetts couple adopts a child within their marriage in Massachusetts, even though their marriage won't be recognized in Idaho, the adoption and the status of the gay couple as parents is recognized. Can you see now how a proclamation from the Supreme Court, such as the validity of Full Faith and Credit, gets murky depending upon the issues involved?
As far as medical marijuana is concerned, it is a terribly unclear area because the Idaho Supreme Court has yet to take up the issue. In March of this year, however, a woman from Humbolt County, California who had a medical marijuana license was arrested in Freemont County, Idaho for possession of marijuana and possession of paraphernalia. She was charged, because according to the Freemont County prosecuting attorney, "Idaho does not honor marijuana certificates from California and other states". This, presumably, is based upon that old Public Policy exception. This case, however, won't be taken up to the Supreme Court because the woman plead guilty, but it is likely that eventually someone will be up for the challenge.
So the long and short answer to the gentlemen from Colorado - there is no final answer - yet. All states are wrestling with the issue of medicinal marijuana because it is a new law, and one that does not yet have all the bugs worked out. My advice to the man from Colorado? Don't get caught, but if you do, make certain you have a darn good Boise Criminal Lawyer to either get you a good plea or to help you set the precedent in Idaho.
If you have been charged with possession of marijuana or any other crime in Idaho, including DUI, and you need to speak to a Boise Criminal Attorney, please call (208) 472-2383.
