Pubdate: Mon, 18 May 2009
Source: North County Times (Escondido, CA)
Copyright: 2009 North County Times
Contact: http://www.nctimes.com/forms/letters/editor.html
Website: http://www.nctimes.com
Details: http://www.mapinc.org/media/1080
Author: Edward Sifuentes
Note: The Associated Press contributed to this report.
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

COUNTY'S CASE AGAINST MEDICAL MARIJUANA HITS DEAD END

Supervisors May Issue ID Cards As Supreme Court Denies Appeal

The San Diego County Board of Supervisors' case against medical
marijuana reached a legal dead-end Monday.

The U.S. Supreme Court declined to hear an appeal from San Diego and
San Bernardino counties, which sought a ruling on whether California's
medical marijuana law trumps the federal controlled-substances law
banning the drug's use.

In reaction to the court's decision, the county's lead attorney said
he will recommend the board approve giving the ID cards to patients at
its meeting on June 16.

"We are obviously disappointed; we thought that this was a good
vehicle to resolve the conflict" between the state and federal laws,
said attorney Tom Bunton, who represented San Diego County. "This is
pretty much the end of the game."

Oceanside City Attorney John Mullen said the court's decision would
have no effect on the city's 45-day moratorium on medical marijuana
dispensaries approved last week by the City Council.

Mullen said the city's moratorium is a "zoning issue" and not a
question on the legality of medical marijuana.

Supporters of medical marijuana said they were pleased with the U.S.
Supreme Court's decision.

"We are glad to see that the court has agreed with our position," said
David Blair-Loy, legal director with the San Diego American Civil
Liberties Union. "Now we fully expect them (the county) to comply with
the law."

The ACLU represented the San Diego chapter of NORML, the National
Organization for the Reform of Marijuana Laws, in the case. NORML is a
defendant in the county's suit.

The county has suffered several defeats since it filed the case in
2006.

Attorneys for the county argued that the federal law making it illegal
to use marijuana supersedes Proposition 215, the 1996 ballot state
measure that legalized marijuana for patients with a
prescription.

In July, California's 4th District Court of Appeal rejected the
county's contention that the state law flies in the face of federal
pot prohibitions.

The appellate court ruled state law does not "pose a significant
impediment" to the federal Controlled Substances Act because that law
is designed to "combat recreational drug use, not to regulate a
state's medical practices."

In October, the California Supreme Court rejected the county's request
to review the ruling. That left the county with the option of asking
the nation's highest court to step in. That door closed on Monday.

Supervisor Bill Horn, whose district includes much of North County,
said in a phone interview that he still believes the decision was
wrong, but acknowledged that the case is now over.

"I think there's no justification whatsoever defying the state court's
ruling if the Supreme Court won't hear it," Horn said. "I still think
it's wrong. I think federal law trumps the state law."

In 2005, Horn was among three supervisors who voted to oppose a state
law requiring counties to create medical marijuana registries and
issue identification cards to patients. The law, Senate Bill 420, was
supposed to make it easier for law enforcement officials to identify
legitimate patients.

The board's majority, Supervisors Horn, Dianne Jacob and Pam
Slater-Price, said at the time that complying with the state's order
would tell children that marijuana was OK and lead to increased drug
abuse.

Since 2005, the county district attorney's office has adopted the
supervisors' aggressive stance toward the law. Local law enforcement
officials have helped federal drug enforcement officials crack down
on, and essentially shut down, local medical marijuana
dispensaries.

Slater-Price repeated her concerns about the message medical marijuana
sends to kids, but the supervisor said that she likely would support
the county attorney recommendation to issue the ID cards.

"This increases the responsibility on teachers and parents, because
it's going to take away one of their main weapons: that the drug was
illegal," Slater-Price said Monday. "At least maybe it will open a
dialogue and parents will talk to their kids."

Jacob said in a written statement that she was disappointed by the
court's decision. She declined to say whether she would support
issuing the ID cards.

"We were seeking a definitive ruling, in writing, that would resolve
the conflict between state and federal law," Jacob said. "In my
opinion, there remains a gray area that will continue to pose
challenges for law enforcement and users."

Medical marijuana patient Rudy Reyes, 31, said Monday that the county
must follow state law and begin issuing ID cards.

"The people voted for this law," he said. "A lot of people in San
Diego have waited 13 years for this."

Reyes, of Santee, uses marijuana to alleviate the pain of third-degree
burns suffered during the 2003 Cedar fire.

If the supervisors follow through and issued ID cards to patients,
Reyes said he will no longer feel like a criminal and fear
prosecution.

"It will improve my life," Reyes said.

The Associated Press contributed to this report. 
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