Pubdate: Wed, 25 Jan 2006
Source: Daily Press (Victorville, CA)
Copyright: 2006 Daily Press
Contact: http://www.vvdailypress.com/contact/
Website: http://www.vvdailypress.com/
Details: http://www.mapinc.org/media/1061
Author: Tracie Troha, Staff Writer
Cited: San Diego County Board of Supervisors 
http://www.sdcounty.ca.gov/general/bos.html
Cited: San Bernardino County Board of Supervisors 
http://www.co.san-bernardino.ca.us/bos.htm
Cited: Sheriff Gary Penrod http://www.co.san-bernardino.ca.us/sheriff/
Bookmark: http://www.mapinc.org/topics/San+Diego+County
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

COUNTY JOINS MEDICAL MARIJUANA LAWSUIT

San Diego County Files Suit Against State Over Legality of Drug Program

SAN BERNARDINO -- The County of San Bernardino has joined a lawsuit 
against the state to clarify the legality of medical marijuana.

The lawsuit was filed in federal court by the County of San Diego in 
an effort to address the confusion between state and federal laws 
regarding the drug.

San Bernardino County Counsel Ron Reitz said under federal law, it is 
illegal to be in possession of marijuana, regardless of whether it is 
designated as "medical" or not.

For nearly 10 years Californians have had the right to use medical 
marijuana if recommended by their doctor. In 2003, California 
Legislature enacted a requirement that counties must issue 
identification cards to patients authorized to use medical marijuana 
or the patient's caregiver.

"The federal and state governments put us in a conflicting 
situation," Third District Supervisor Dennis Hansberger said. "We 
need to get a single answer so the state can get in accordance with 
federal law. Let's make it consistent."

Board Chairman Bill Postmus said the county is in opposition to 
state's medical marijuana laws because of the problems faced by law 
enforcement officers.

"There needs to be clear resolution because its difficult for the 
sheriff and deputies to do their job," Postmus said. "I for one am 
against it (medical marijuana). By joining in the lawsuit, we looking 
for a resolution to this."

Reitz said Sheriff Gary Penrod will also be adding his name to the lawsuit.

"I refuse to have law enforcement encounter more crime in 
implementing this (state) ordinance," Fifth District Supervisor Josie 
Gonzales said. "I don't want law enforcement to be trapped between a 
rock and a hard place."

Gonzales said she was also concerned about the identification card 
requirement and the possibility of fraud.

Reitz said so far San Diego and San Bernardino are the only two 
counties filling a lawsuit against the state in the medical marijuana matter. 
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MAP posted-by: Richard Lake