Judge Issues Ruling Upholding Medical Marijuana Law

SAN DIEGO -- A San Diego judge Thursday issued a tentative ruling upholding California's medical marijuana law.

Superior Court Judge William Nevitt was scheduled to hear oral arguments Thursday afternoon before issuing a final ruling in a lawsuit brought by San Diego County challenging Proposition 215, known as the Compassionate Use Act.

Proposition 215, which allows the use of marijuana for pain treatment and other medical reasons, was passed by California voters in 1996.
The county's lawsuit, filed in February, claims federal law banning marijuana use and possession supercedes state law that allows the medical use of marijuana.

The suit was filed against the National Organization for the Reform of Marijuana Laws, or NORML, after the San Diego County Board of Supervisors refused to implement part of the state law requiring officials to issue identification cards to medical marijuana users to protect them from being prosecuted

Thanks for the update - I knew it was being heard yesterday but I hadnt heard the ruling. Yay!! I'm in SD (and a patient) and it's practically the only uptight conservative county in California....they shut down the dispensaries in July and now there's no place in this county to get legal clones. :mad:

I have 3 mangos that I would be willing to give you . I was planning on throwing them away I just needed 1 good 1 for a mom. The guy I got them from cut them a week into flower so 2 are revegging look a little weird but completly healthy the other one is in full veg already. email me [email protected]

U.G.U, May the Ganja Goddess bless you for your kindness! That was really nice!

:rasta: I just wonder what those a--holes in san diego would do if everybody that needs there med-cards in san diego and the hole state .Were to get Sued.If they were to get sued for with holding your meds and endangering your live.Sue each and everyone that went foward with trying to stop you from getting there meds.Sorry I'am ranting on, but it pisses me off that they lost there fight and want there way any how.you vote on this and passed it,but it didnt go your way.Get off the soap box and have toke.Chillout:
:rasta:

Judge tentatively rejects San Diego County medical marijuana suit

By ALLISON HOFFMAN, The Associated Press
Nov 16, 2006 5:20 PM (1 hr 51 mins ago)

SAN DIEGO - Attorneys for San Diego County argued Thursday before a state court judge that the blanket federal ban on marijuana use precludes states from passing statutes exempting people who use the drug for medical purposes.

San Diego County sued California and its health services director in February over the state's decade-old law permitting use of the drug with a physician's approval. The county says it should not be bound to act to uphold state laws that conflict with federal statutes.

"California has authorized the exact same conduct that federal law has prohibited," argued Thomas Bunton, a senior deputy county counsel. "That's clearly an obstacle to the objective of Congress to prevent drug abuse."

Two other California counties, San Bernardino and Merced, joined San Diego as plaintiffs. All three counties have refused to comply with a state requirement that counties issue identification cards for medical marijuana users and maintain a registry of people who apply for the cards.

Earlier Thursday, Superior Court Judge William R. Nevitt, Jr., issued a tentative ruling rejecting the county's suit.

Nevitt sat poker-faced through the two-hour hearing, asking procedural questions but giving little indication of whether he intends to revise his opinion. He did not indicate when a final ruling would be issued but set a Dec. 1 deadline for additional briefs on issues related to the case.

In his tentative ruling, Nevitt agreed with attorneys for the state, who argued that California is entitled to pass its own drug laws and legislate programs that allow marijuana use for medical purposes.

"The counties are not being forced to do anything that would be in violation of federal law," said Leslie Lopez, a deputy state attorney general. "They're simply being asked to carry out state law."

Five California patients and caregivers, represented by the American Civil Liberties Union, Americans for Safe Access and other advocacy groups, joined the case on the side of the state. A sixth patient, Pamela Sakuda, who suffered from rectal cancer, died last Friday, said William Dolphin, a spokesman for ASA.

About 30 medical marijuana users gathered in the courtroom to hear the arguments, many loudly tut-tutting as Bunton and other county attorneys argued that making marijuana available to the ill can enable recreational drug abuse.

County officials said they have not decided whether they will appeal if Nevitt stands by his initial ruling.

"All we wanted was guidance from the court telling us where we're at so we don't break any rules and lose any funding," said San Diego County Supervisor Bill Horn.

Supporters of the law said they were prepared for a fight.

"It will go as far as the counties want to take it," said Adam Wolf, an attorney for the ACLU Drug Law Reform Project who argued part of the case.

California's law allows people suffering AIDS, cancer, anorexia, chronic pain, arthritis and migraine and "any other illness for which marijuana provides relief" to grow or possess small amounts of marijuana with a doctor's recommendation.

Since California voters passed the law with 55 percent approval in 1996, 10 other states have adopted measures protecting qualified patients from prosecution. They are Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington.

Last week, voters in South Dakota rejected a ballot measure to permit marijuana use for medical purposes.

In 2003, the California Legislature amended the 1996 bill to direct county health departments to issue ID cards to medical marijuana users.

Counties, which did not receive money to fulfill the requirement, have been slow to issue ID cards, but San Diego was the first to refuse on legal grounds.