Pubdate: Wed, 20 May 2009
Source: Hi-Desert Star (Yucca Valley, CA)
Copyright: 2009 Hi Desert Star
Contact:  http://www.hidesertstar.com/
Details: http://www.mapinc.org/media/3921
Author: Rebecca Unger
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

COUNTY TO ISSUE MARIJUANA ID CARDS

SAN BERNARDINO COUNTY -- The U.S. Supreme Court Monday refused to 
hear a lawsuit filed by the counties of San Bernardino and San Diego 
to have medical marijuana Proposition 215 declared unconstitutional, 
essentially ending the counties' bid to avoid issuing ID cards for 
people who say they use marijuana for medical purposes.

The two counties joined forces for their lawsuit in 2006 and were 
defeated in the lower courts, the appellate court and the state Supreme Court.

According to Sgt. Dave Phelps of the county sheriff's Public Affairs 
Division, the county will now do whatever is required to comply with 
Proposition 215 and SB420.

The next step is for the Department of Public Health to issue the ID 
cards," said Phelps. "We will develop policies and procedures to deal 
with those cards."

I'm almost speechless," said D.J. Ross, founder of the Yucca Valley 
dispensary California Alternative Medicinal Solutions.

I am very happy for our patients, who will be no doubt be breathing a 
little easier. This is a wonderful step forward and I hope we'll see 
more to come."

Lanny Swerdlow, director for the Marijuana Anti-Prohibition Project, 
also sees the court's decision as a patient victory. "They will be 
able to get their medication safely and reliably, and hopefully it 
will be more affordable," Swerdlow said.

Proposition 215 and the accompanying Senate Bill 420 provided for 
state-issued identification cards allowing residents to obtain, 
possess and cultivate limited amounts of marijuana for medicinal purposes.

San Bernardino County objected to taking on the role of issuing the ID cards.

Swerdlow said in most places in California, if a patient is stopped 
by law enforcement and has a limited amount of medical marijuana, he 
or she cannot be arrested for drug possession.

Currently, in San Bernardino County, a person found with marijuana 
can be arrested and face drug charges. Eventually, those charges may 
be dismissed if the accused can prove in court he or she had a 
doctor's recommendation to use marijuana.

The identification cards are meant to circumvent that process by 
indicating to arresting officers that the suspect has a legitimate 
medical use for marijuana.

For the last 12 years, San Bernardino County law enforcement has been 
struggling with the gap between California's Proposition 215 and the 
federal government's drug laws, under which marijuana is still illegal.

We've been in limbo land on this," said Morongo Basin Sheriff's Capt. 
Donnie Miller.

Phelps doubted if implementation of the proposition would free up law 
enforcement's time to go after other kinds of crime. "We'll still 
have to go through the process of confirming the validity of the 
cards," he said.

The High Desert MAPP meeting at 6:30 p.m. today will focus on just 
what the court decision will mean for medical-marijuana users in the 
county. The meeting is at the Castle Inn at 1388 North Golden Slipper 
Lane in Landers.
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MAP posted-by: Jay Bergstrom