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Medical Marijuana News Update
The Coalition
for Medical Marijuana includes:
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San Diego and San Bernardino Counties were in the California Court of Appeals in June, continuing their fight against medical cannabis patients. The Riverside Press-Enterprise reported on June 11, 2008 ("San Bernardino, San Diego Counties in Court Over Medical Marijuana") that "San Bernardino and San Diego counties argued in court Tuesday that California's medical marijuana plan violates federal law and the state constitution, while opposing attorneys argued the state is within its rights to regulate the substance. The exchanges came in a crowded courtroom before a three-judge panel of the state 4th District Court of Appeal in San Diego. The jurists took the matter under submission and have 90 days to make their ruling. Their decision can be appealed to the state Supreme Court." According to the Press-Enterprise, "The two counties are not trying to overturn that initiative. But they argue that subsequent legislation, the Medical Marijuana Program, which created a system for counties to investigate applicants, issue user cards and keep those on file, puts the counties in direct conflict with the federal Controlled Substances Act. San Bernardino County has not issued any user cards as officials await the outcome of the lawsuit. Since January 2006, Riverside County has issued 1,000 cards to patients and their caregivers. That number includes renewals, which must be done annually." The Press-Enterprise reported that "Attorney Joseph D. Elford of Americans for Safe Access, representing medical marijuana patients, noted that neither they nor the federal government had litigated against the state marijuana laws. 'Instead, the challenge has come from two subdivisions of the state,' he said. Peter A. Krause for the state attorney general's office said Congress can clarify which federal laws pre-empt local ones, but 'there is no conflict between the state's limited decriminalized use of marijuana for limited medical practices and the ( federal ) Controlled Substances Act to limit drug abuse and trafficking.' 'It's difficult to tell what they are challenging in this case,' Krause said. 'The counties are essentially seeking an advisory opinion,' he said." According to the Press-Enterprise, "'There is a big difference between decriminalizing marijuana and authorizing its use ... in violation of federal law,' argued San Diego County senior Deputy Counsel Thomas D. Bunton. 'Congress has declared that marijuana has no medical use, so using marijuana under these circumstances is drug abuse.' But states have long practiced authorizing and enforcing laws that do not match federal law, argued ACLU/NORML attorney Adam B. Wolf. 'The counties' position would imply the invalidity of hundreds, if not thousands, of state statutes,' Wolf told the judges. Wolf quoted U.S. Supreme Court Justice Antonin Scalia's comment that there has been countless times where states have not criminalized issues the same way as the federal government. 'It's a bedrock principle of federalism' for states to be allowed to determine issues such as how to regulate marijuana, Wolf said." The Press-Enterprise noted that "San Bernardino and Merced counties were originally in the lawsuit along with San Diego County. San Diego County Superior Court Judge William R. Nevitt Jr. ruled in December 2006 that the California marijuana laws were valid and the counties would have to comply. San Diego and San Bernardino counties appealed. Merced County, part of the original suit, voted not to pursue the case and began issuing medical marijuana cards."
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