Pubdate: Wed, 25 Jan 2006
Source: Los Angeles Times (CA)
Copyright: 2006 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Authors: Tony Perry, and Ashley Powers
Note: Perry reported from San Diego and Powers from Riverside.
Note: The ACLU's press release contains links to all the documents 
related to the case at 
http://www.aclu.org/drugpolicy/medmarijuana/23587prs20060124.html
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)

CHALLENGE TO POT ID LAW TO CONTINUE

SAN DIEGO - Despite pleas from the ACLU and several individuals 
suffering chronic pain, the San Diego County Board of Supervisors on 
Tuesday declined to withdraw a lawsuit seeking to overturn a state 
law requiring the county to issue medical marijuana cards.

Meanwhile, San Bernardino County officials announced they supported 
the San Diego board's decision to challenge the state law on grounds 
that federal prohibition of marijuana use takes precedence. By day's 
end, the county counsel of San Bernardino had contacted his 
counterpart in San Diego to discuss legal strategy.

Kevin Keenan, executive director of the American Civil Liberties 
Union's office for San Diego and Imperial counties, said he was 
disappointed but not surprised by the San Diego supervisors' decision 
to "forge ahead with this misguided lawsuit." The ACLU and two groups 
that support medical marijuana on Tuesday petitioned the federal 
court to allow them to oppose the lawsuit.

San Bernardino County Supervisors Dennis Hansberger and Josie 
Gonzales said their county's action was intended to force the state 
to clarify its policies on how local agencies should enforce drug 
laws. They said they believe San Bernardino County Sheriff Gary 
Penrod will join as a plaintiff, although Penrod could not be reached 
for comment.

"I don't want law enforcement trapped between a rock and a hard 
place," Gonzales said.

In 1996, 56% of California voters approved Proposition 215, which 
allowed doctors to prescribe cannabis for therapeutic use. Three 
years ago, state legislation mandated ID cards for patients and their 
caregivers.

But the U.S. Supreme Court in June ruled that federal officials could 
seize and destroy pot plants and arrest growers and consumers, even 
in the 11 states where the drug has been legalized for medical use.

Last month, federal Drug Enforcement Administration agents raided 13 
San Diego-area marijuana dispensaries.

The San Diego lawsuit, filed last week in federal court, asserts that 
the requirement to issue medicinal marijuana ID cards is preempted by 
the federal Controlled Substances Act, which criminalizes pot, and an 
international treaty called the Single Convention on Narcotic Drugs. 
The ACLU asserts the county lacks legal standing to bring such a lawsuit.

San Bernardino County had tentative plans to begin issuing ID cards 
in February, but had not begun printing cards or designating staff 
for the project, which is now on hold, said county spokesman David Wert.

The state had calculated that up to 7,000 San Bernardino County 
residents might be eligible for cards, Wert said.

In December, Riverside County became the first Southern California 
county to begin issuing the ID cards, which include the marijuana 
user's photo and a computer-generated identification number.

Cardholders must submit a state form, proof of residency and their 
doctor's recommendation, and provide government-issued 
identification. The annual cost to get and renew the card is $100.

The San Diego supervisors last year voted 3 to 2 not to issue the 
identification card. On Tuesday, the supervisors listened to lawsuit 
opponents but declined to schedule a new vote on the issue.
- ---
MAP posted-by: Richard Lake