Pubdate: Thu, 14 Dec 2006
Source: San Diego Union Tribune (CA)
Copyright: 2006 Union-Tribune Publishing Co.
Contact:  http://www.uniontrib.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: Jeff McDonald, Union-Tribune Staff Writer

COUNTY TO APPEAL MEDICAL-MARIJUANA RULING

Supervisors Again Cite Clash With Federal Law

A week after a Superior Court judge threw out their case against 
California's medical-marijuana laws, San Diego County's supervisors 
have voted to appeal the ruling.

The case will be sent to the 4th District Court of Appeal, with 
county lawyers again arguing that San Diego County should not have to 
enforce state laws that conflict with federal laws.

Superior Court Judge William R. Nevitt Jr. "kind of gave us the 
politically correct opinion that we ignored the will of the voters," 
Board of Supervisors Chairman Bill Horn said. "Maybe the 4th District 
will give us an answer."

In January, San Diego County sued the state of California rather than 
implement medical-marijuana laws that permit qualified patients to 
smoke and grow marijuana and require counties to issue them 
identification cards.

The county was later joined by San Bernardino and Merced counties in 
trying to overturn Proposition 215, the 1996 initiative approved by 
56 percent of voters that permitted the medical use of marijuana.

Merced County supervisors voted Tuesday against appealing Nevitt's 
ruling. Instead, the county will begin issuing verification cards to 
patients as soon as next month, a county spokesman said.

Marijuana remains illegal under federal drug laws. But Nevitt ruled 
that the state laws do not conflict with national statutes because 
they do not require that people break the law.

What's more, Nevitt's ruling noted, the state law does not prohibit 
federal officials from arresting and prosecuting anyone they suspect 
of violating federal drug laws.

Adam Wolf, an attorney with the American Civil Liberties Union, which 
is co-defending the case with the state Department of Justice, said 
the appeal will waste taxpayer resources.

"The law is clear," Wolf said. "The federal government cannot force 
the states to criminalize medical marijuana."

Supervisor Dianne Jacob said the county filed the appeal to resolve 
the conflict between state and federal drug laws. "We are not hiring 
any outside counsel or outside experts," she said. "These are our 
lawyers, and they were being paid anyway."

Tuesday's closed-session vote to appeal was 4-1, with Supervisor Ron 
Roberts opposed. It is unclear when the appeal will be filed or when 
the appellate judges will consider the case.

Supervisor Greg Cox said he supported the county's issuing ID cards 
to qualified patients, but when that vote failed 3-2 late last year, 
he decided to go along with the lawsuit.
- ---
MAP posted-by: Elaine