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Judge Rejects San Diego Challenge
To Medical Marijuana Law
SAN DIEGO – A state judge on Thursday rejected San Diego County’s
challenge of California’s decade-old law permitting marijuana use for
medical purposes.
Return To OnlinePot’s Legal Section Main Page
ALLISON HOFFMAN
Associated Press
Nov 16th 2006
The ruling by Superior Court Judge William R. Nevitt, Jr., was tentative.
The county’s lawyers will have a chance to convince the judge to change
his decision during oral arguments scheduled later Thursday.
San Diego County sued the state of California and its health services
director in February, saying a federal ban on marijuana use trumps state
laws that permit usage of the drug with a physician’s approval.
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.
In his 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.
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.
Supporters of the law expressed relief.
"They tried to make California’s medical marijuana law null and void, and
they lost," said Anjuli Verma, director of advocacy for the ACLU’s Drug
Law Reform Project.
San Diego County Supervisor Bill Horn said he welcomed the clarity of the
judge’s 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," Horn said.
He said the county had not considered whether to appeal if the judge
affirms his tentative ruling.
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 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.
http://www.mercurynews.com/mld/mercurynews/news/local/states/california/northern_california/16029249.htm
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