County Asks U.S. Supreme Court To Erase State's Medical Marijuana Law

[Ganjarden]

San Diego County filed papers this week asking the U.S. Supreme Court to erase California's medical marijuana law, arguing that federal prohibitions outlawing the substance supersede California's law allowing sick people to use it.

The county is asking the nation's highest court to overturn a state appellate court's July decision upholding the voter-approved law legalizing marijuana use for medicinal purposes.

"You have a conflict here between federal and state law, and we are in the middle," 5th District Supervisor Bill Horn said Friday. "What we have been asking all along is which takes precedence here. We will take it as far as we can take it and get a definitive answer."

Horn's district encompasses much of North County.

County officials sued the state in 2006, arguing that federal law that makes marijuana illegal should trump the 1996 passage of state Proposition 215, which legalized it for patients to use with a prescription. Patients who use marijuana say it helps them treat chronic pain.

In July, California's 4th District Court of Appeal handed medical marijuana users a victory when it rejected the county's contention that the state law flies in the face of federal pot prohibitions. The appellate court found that the purpose of the federal law "is to combat recreational drug use, not to regulate a state's medical practices."

In October, the California Supreme Court rejected the county's request that it review the ruling. That left the county with the option of asking the nation's highest court to step in.

San Diego Deputy County Counsel Tom Bunton said the U.S. Supreme Court might decide by June if it will take the case.

The county's filing was met with a thumbs down but no surprise from Adam Wolf, the lead attorney for medical marijuana patients opposed to the challenge. Wolf on Friday called the county's request "a waste" of taxpayers' money.

"This is an ill-fated and doomed lawsuit," Wolf said. "These are the same recycled arguments that have been rejected by the Superior Court, the Court of Appeals and the California Supreme Court.

"With each day that San Diego does not comply with the state's medical marijuana laws, the medical marijuana patients needlessly suffer."

Wolf, with the American Civil Liberties Union, represents the San Diego chapter of NORML, the National Organization for the Reform of Marijuana Laws. NORML is a defendant in the county's suit.

San Bernardino County, which has worked with San Diego during the battle, also filed a similar writ.

There also is a battle over a 2003 directive from state legislators calling for counties to create medical marijuana identification cards. Thus far, San Diego County has declined to issue such cards, even though the appellate court said in its July ruling that issuing the state-mandated cards would not put counties in conflict with federal law.

County attorney Bunton said "the state has not established any deadline whereby the counties have to begin issuing the ID cards."

Wolf said that as many as two-thirds of California's counties have started issuing ID cards to medical marijuana patients.


News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: North County Times
Author: Teri Figueroa
Contact: North County Times
Copyright: 2009 North County Times
Website: County Asks U.S. Supreme Court To Erase State's Medical Marijuana Law

 

[Dr. 215]

They are fighting a lost battle. The people have spoken and now the most stubborn are doing anything they can to not budge. But they will fall, every other court has proven them wrong.

Can't wait for June to see this develop.

 

[Happy Kitty]

Yes, the people have voted...so what! That is according to the counties named above. The California State Supreme Court refused to even hear the lawsuit, so now they will go running to the federal courts to get permission to break state law.

I am hoping that with the new regime at the white house beginning, that legalized medical marijuana will become law nationwide. So all the money and energy put into this issue will be for naught.

And when that time comes, let's see how many elected officials get voted out of office for wasting the taxpayer's money.

Peace

 

[Keith Lake]

Those silly supervisors, tricks are for kids

Seriously though, I have a pretty positive feel about this issue for a few reasons

1) It's already been pretty well established that the supervisors have lost their mind on the issue of MMJ - so this latest action was both expected and typical

2) It's pretty rare that the SCOTUS will take a case whern the lower courts are already in full agreement, and as we all know the scoreboard is patients 3 - supervisors 0

3) In my opinion the supervisors have to know they are playing out an extreme longshot, which means they are just stalling for more time. I don't know how long the losing side is allowed to wait in between rulings but they've managed to drag the process out for 13 years

4) I'm feeling positive because now they've finally played their last card, it's GAME OVER once the SCOTUS refuses to take the case (unless they go rogue and refuse to follow decided law)

 

[Cherma]

A tactical strategy trying to be played by the Supervisors, as to try &" Throw another Cog in the Wheel" that has been voted and approved on. What better (or not better way) to continually use up county and state time and financial means to try and be the perverbial thorn in the side to many.
Hawaii's Gov, Lingle has asked for an " all out" suggestions to boost financial means over here. She has verbally stated and asked" everything is on the table for discussion". Losing hundreds of millions in tourist money lost everday and tax base property revenues are way down. She has asked, that all stops be pulled out. We are hoping that when Cannabis and the Medical Marijuana Laws here are approached as an alternative to many ways to increase a tax base or "Cut Funding" period! to any Cannabis eradication programs or on this Island " the voters approved overwhlemingly" to cut and not accept federal funding for Helicopter searches. She (Lingle) has verbally spoke out that Gambling is looking better and better to legalize here. Still though, it has not been spoken of any Regulatory changes for growing Cannabis for Bio Fuels (in the old Sugar Cane Fields) or to realistically look at Regulating and Taxation of all Cannabis related Sales, in State sanctioned Medical Marijuana Dispensaries. Not everyone in Hawaii has land to grow their own on, and still rely on finding a safe access to obtain their meds from.
I understand last week that the increase in the Federal Tobbacco Tax for a pack of cigs will be an extra 61 cents. This is to cover the costs of 4-10 million children who have no health insurance. Hmmm, lets say that all the finances currently used in the Federal & State levels of Cannabis Prosecution, Prisons,etc. are turned to " providing" health care benefits to children, ok, how 'bout using that money to help rebuild schools. Anything that goes to a more positive real base is better than nothing, and how they are currently spening it.

 

[piginslop]

Isn't the will of the voters count for anything these days? Why is cash-strapped San Diego waisting all these tax dollars???

 

[Keith Lake]

San Diego sometimes acts like it's not part of California. It's more conversative than LA and parts north (Generalizing)

There are 4 people holding this up (out of a board of 5 people). We need to quit voting them into office

The saga is coming to a close though; the bowl is half full; I believe we are going to win this one.

 

[greenmonkey]

this is ridiculous, have people forgotten that we are 50 united states? that our founding fathers moved here to get away from a centeralized power? it seems to be the evolution of countries, people go from being understanding of each other to fearing or not willing to listen to the view points of others. the more the government grows and becomes a self feeding entity, the more stale and unadaptable itll become before it eventually falls apart.
all this ive inferred from this article, that or ive been smoking too much.