10-24-2008, 03:16 AM,
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Easy Skanking
Cognitive Dissident
    
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Posts: 4,883
Threads: 426
Joined: Nov 2006
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California: San Diego Supervisors Ask US Supreme Court To Overturn State Medical Marijuana Laws
Quote:California: San Diego Supervisors Ask US Supreme Court To Overturn State Medical Marijuana Laws
San Diego, CA: The state Supreme Court has rejected a challenge to overturn a Fourth District Court of Appeals ruling that determined that state provisions condoning the therapeutic use of cannabis do not conflict with federal anti-drug laws.
Justices unanimously declined to review the appellate court's decision, which was challenged by officials from the counties of San Diego and San Bernardino. Supervisors from both counties have refused to issue identification cards to state-authorized medical cannabis patients, as is required by state law.
Following the Court's action, a spokesman for San Diego County said that their legal team would ask the US Supreme Court to review the case.
Responding to the county's decision, NORML Legal Counsel Keith Stroup said, "This desperate, last ditch effort on the part of San Diego and San Bernardino counties is not about politicians seeking clarity in the law; it's about the counties' supervisors opposition to any use of medicinal cannabis," NORML Legal Counsel Keith Stroup said. "The supervisors' arrogant behavior is an affront to their constituents and a gross waste of taxpayers' dollars."
In 2006, Superior Court Judge William Nevitt ruled that an amendment to California's Compassionate Use Act that requires counties to issue ID cards to qualified patients "does not create a 'positive conflict' [with federal law.]"
Justices from the Fourth District Court of Appeals ruled 3-0 to uphold Nevitt's decision, finding, "Because the [federal] law does not compel the states to impose criminal penalties for marijuana possession, the requirement that counties issue cards identifying those against whom California has opted not to impose criminal penalties does not create a positive conflict with the US Controlled Substances Act."
For more information, please contact Keith Stroup, NORML Legal Counsel, or Allen St. Pierre, NORML Executive Director, at (202) 483-5500.
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