Pubdate: Thu, 07 Aug 2008 Source: San Francisco Bay Times (CA) Copyright: 2008 San Francisco Bay Times Contact: http://www.sfbaytimes.com Details: http://www.mapinc.org/media/4351 Author: Dennis McMillan Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Ruling: http://www.canorml.org/news/sandiegoruling.pdf APPEALS COURT UPHOLDS MED POT LAW In 2003, the California Legislature enacted the Medical Marijuana Program Act (MMP). Among other provisions, the MMP imposed on counties the obligation to implement a program permitting a limited group of persons - those who qualify for exemption from California's statutes criminalizing certain conduct with respect to marijuana (the exemptions) - to apply for and obtain an identification card verifying their exemption. In a lawsuit that pitted the counties of San Diego and San Bernardino against San Diego NORML and others, California's Fourth district court of appeal ruled on July 31 that the federal Controlled Substances Act does not preempt California's medical marijuana ID card program. Citing the Federal Supremacy Clause, the counties sued in 2006 rather than implement the ID card program, which was enacted by the California legislature in 2003 as part of SB420. That legislation followed voters' approval of Proposition 215, the Compassionate Use Act, in 1996. In a unanimous opinion authored by Justice Alex McDonald, the court ruled, "We conclude the identification card laws do not pose a significant impediment to specific federal objectives embodied in the CSA (federal Controlled Substances Act). The purpose of the CSA is to combat recreational drug use, not to regulate a state's medical practices." It also ruled, "Congress does not have the authority to compel the states to direct their law enforcement personnel to enforce federal laws." Read the full ruling at: http://www.canorml.org/news/sandiegoruling.pdf. It is 39 pages long, but worth the reading. - --- MAP posted-by: Jay Bergstrom