Milestone Hearing On San Diego County V. Norml & State Of California

[Marianne]

WHAT: Hearing on demurrers by the State and by SD NORML in the case of The County of San Diego v. The State of California and S.D. NORML
WHEN: Friday, June 9th at 2:30p.m.
WHERE: San Diego County Superior Court, Dept. 64, 330 W. Broadway, San
Diego - Honorable William R. Nevitt presiding.

THE CASE: Attorneys for San Diego NORML and for the state of
California will be asking for dismissal of a lawsuit by San Diego County challenging California's medical marijuana law next Friday,
June 9th before Superior Court Judge William Nevitt. The San
Diego lawsuit, which was joined by San Bernardino and Merced Counties, seeks to exempt counties from having to implement the state medical marijuana ID cards required under SB 420, on the grounds that Prop. 215 violates federal law.
San Diego NORML has filed for a demurrer to be dismissed from the lawsuit on the grounds that the county had no legitimate basis for naming SD NORML as a defendant in the first place. The county sued SD NORML on the grounds that SD NORML had threatened to sue it for failing to enforce SB 420. In NORML's reply brief, attorney Michael Reedy argues:
"What Plaintiff County relies on as justification for naming Defendant NORML simply begs the appropriate question: should government entities such as Plaintiff County resort to hardball tactics of expensive litigation aimed at organizations and citizens, in order to quell simple demands that government officials and
agencies obey the law. Defendant NORML believes this behavior is
entirely inappropriate."
SD NORML also challenges the county's contention that it should not be obliged to follow SB 420 or Prop 215 because to do so violates federal law.
The state of California has also filed for a demurrer asking for dismissal of the lawsuit. In a brief by the Attorney General, the state argues that San Diego county lacks legal standing to challenge state law.
The court will be hearing both demurrers this Friday, June 9th. Copies of the briefs by SD NORML and the AG are available on request from Cal NORML.

Newshawk: HappyKid - 420Times.com
Source: DrugSense: Drug Law Reform
Author: Dale Gieringer
Copyright: 2006 NORML
Contact: canorml@igc.org
Website: Marijuana Law Reform - NORML

[Pinch]

The State will win.

[Akornpatch]

If you follow the logic that the states have rights and the Feds should stay out, then don't the counties have rights to implement - or not - the laws enforced in their counties. How far do we take the argument? I would assume that the counties must follow state law, short of municipal statutes. Don't know the answer to that question.

[Marianne]

That's an interesting thought, and I was wondering that too but I figured State is the smallest with major issues, city is more for how their particular city is run but can't make their own laws as much. I'm not sure though, because look at what Denver did. Our government system leaves a lot to be said.

[Thepurplem0nkey]

If you follow the logic that the states have rights and the Feds should stay out, then don't the counties have rights to implement - or not - the laws enforced in their counties. How far do we take the argument?

THis issue was fought over from 1861 to 1865. The Federal government won. States have no rights :-(
-PM

[Pinch]

Originally Posted by akornpatch

If you follow the logic that the states have rights and the Feds should stay out, then don't the counties have rights to implement - or not - the laws enforced in their counties. How far do we take the argument? I would assume that the counties must follow state law, short of municipal statutes. Don't know the answer to that question.

Perhaps this will set the record straight. San Diego County Supervisors refused to implement a State mandated program.. it's already been voted on by our California legialators and California constituents..

What SD Supes are suing the State for is frivolous and will more than likely be thrown out. If not, I'm sure San Diegoans will vote them out come next election.

Perhaps not..

[Thepurplem0nkey]

Perhaps not.

Pinch, I'm so freaking disillusioned right now (I just read the results of District 50's House Seat vote). How much do Republicans have to fuck up before people start voting the other way??????? I was so hoping we'd get them out of the majority this election, but now I dont think we will. I was certain Bush would be voted out (not that he was EVER voted in the first tiem around) during the 04 election and was sadly dissapointed then as well. I dont know man, I just don't know :-(
Anyway, the supervisors should be fired/impeached for not representing the will of their constitutiants. PERIOD.
-PM

[Pinch]

Mr PM.. I vote as an independent but lean to the right on most things. You are correct, it is getting way too right in this country (again..). That's all I'm gonna say.

[Akornpatch]

Let's not forget what a crooked fucker Clinton and his cronies were. That's how the Republicans took control. If the Dems could find a candidate that didn't act like a frickin wacko they would probably take the White House back. Let me just add that Hillary IS NOT the one. I hope they're smart enough to see that.

And don't forget that Clinton was the great "legalization hope" and he is responsible for more pot arrests than anyone ever.

So don't get all high and mighty about the Democrats.

[Pinch]

Originally Posted by akornpatch

Let's not forget what a crooked fucker Clinton and his cronies were. That's how the Republicans took control. If the Dems could find a candidate that didn't act like a frickin wacko they would probably take the White House back. Let me just add that Hillary IS NOT the one. I hope they're smart enough to see that.

And don't forget that Clinton was the great "legalization hope" and he is responsible for more pot arrests than anyone ever.

So don't get all high and mighty about the Democrats.

Mr AKorn, I haven't forgotten. They're all crooked and two-faced. Politicians.. lies and deceit, just part of their game.

Let me just add that Hillary IS NOT the one.

Bless you, my son.. bless you!

[Sour-Diesel18]

When could we reasonably expect to hear anything on this case?

[Soniq420]

I'm from San Diego, temporarilly working on the East Coast (Raleigh). I expect to go back within a year or so for keep, and hope the rules are as I left them.

I can't imagine our elected officials don't have better things to do than squash da weed

soniq420

[Akornpatch]

I'd say it's time for the Alaskans to vote the "fuck face" out of office. Don't forget politicians are cowards...and greedy pigs. they'll do whatever benefits them financially...not so much morally.