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.
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