Pubdate: Thu, 07 Dec 2006 Source: San Bernardino Sun (CA) Copyright: 2006 Los Angeles Newspaper Group Contact: http://www.sbsun.com/writealetter Website: http://www.sbsun.com/ Details: http://www.mapinc.org/media/1417 Author: The Associated Press, and staff writer Jeff Horwitz contributed to this report. Note: The decision http://www.safeaccessnow.org/downloads/SD_Ruling.pdf Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal) MEDICAL POT LAW CHALLENGE DENIED A judge on Wednesday upheld California's law permitting the use of medical marijuana for medical purposes, rejecting a lawsuit by three counties challenging the decade-old statute. San Bernardino, San Diego and Merced counties argued that local governments shouldn't be bound to uphold state laws that are weaker than the federal blanket ban on marijuana. San Diego Superior Court Judge William R. Nevitt Jr. wrote in his ruling that counties would not be breaking federal law by giving out state identification cards to marijuana patients. "Requiring the counties to issue identification cards for the purpose of identifying those whom California chooses not to arrest and prosecute for certain activities involving marijuana use does not create a 'positive conflict"' with federal law, Nevitt wrote. The ruling affirmed a tentative judgment Nevitt issued in November. The absence of an injunction requiring the cards' issuance left San Bernardino County still in search of legal guidance on the law's enforcement, said county spokesman David Wert. Consequently, he did not expect the county to take immediate action. "This decision does not provide the county with the clarification it was seeking," he said. Red Toph, the High Desert coordinator of the Marijuana Anti-Prohibition Project, said the judge's ruling makes the county's position clear. "The county tried to say the law doesn't hold, but it does, and they need to issue the ID cards," he said. "The ID cards are there to protect patients, and it's not a real burden on the county." San Diego County first sued California and its health services director in February over a state requirement that counties issue identification cards for medical marijuana users and maintain a registry of people who apply for the cards. State attorneys responded that California was entitled to pass its own laws suspending state prosecution for medical marijuana use and to legislate programs enabling qualified users to access the drug. Marijuana users in California can still be prosecuted under federal drug laws. The judge emphasized that he was not weighing in on the question of whether marijuana has medical benefits. Thomas Bunton, a county attorney who argued the case, said no decision had been made on whether to seek an appeal. - --- MAP posted-by: Richard Lake