cannabisnews.com: County To Sue State Over Medical Marijuana Laws





County To Sue State Over Medical Marijuana Laws
Posted by CN Staff on November 09, 2005 at 11:42:10 PT
By Gig Conaughton, Staff Writer
Source: North County Times 
San Diego, CA -- County supervisors voted in closed session Tuesday to sue the state of California over its medical marijuana laws, saying the regulations should be pre-empted by federal law that makes all marijuana use illegal.The board's decision came just a week after supervisors voted 3-2 to make San Diego County the only one in California to defy a state order to create a registry and identification cards for terminally and chronically ill people who use marijuana for pain.
It also came just hours after a handful of people who use medicinal marijuana blasted the supervisors for "increasing suffering and threatening the democratic process.""Your refusal to implement this (ID card) program harms patients and leaves the community confused," a medical marijuana user, Barbara MacKenzie, told the supervisors. "As our elected officials, you're required to follow the law."California voters approved Proposition 215, the "Compassionate Use" act in 1996, giving seriously ill people who have a doctor's prescription the right to use marijuana to ease pain.But San Diego County supervisors have repeatedly disparaged the law over the years. A week ago, the board voted 3-2, with Supervisors Ron Roberts and Greg Cox dissenting, to ignore the ID card order on the grounds that it would be telling children that marijuana was OK, and that drug abuse could increase. In August, the county's grand jury criticized the supervisors, saying the board and its staff had "done absolutely nothing" to help implement Prop. 215 in the nine years since its passage ---- a criticism that supervisors ignored.Late Tuesday afternoon, county attorney John Sansone said the supervisors voted 4-0, with Supervisor Ron Roberts absent, to actually sue the state over its medical marijuana laws.Supervisors referred all questions Tuesday to Sansone.Sansone, meanwhile, said the initial intent of the county suit ---- which he said the county planned to file in federal court within the month ---- would be to overturn the state's registry and identification card law.But he said supervisors also directed him to research an assault to toss out the Compassionate Use law.Sansone said it was likely that both suits would end up before the U.S. Supreme Court because of the content, and the tricky, complicated issue of pre-emptive law ---- questions involving the pitting one sovereign government's laws, the states, against another's, the federal government.Sansone told supervisors a week ago that he didn't think they could win a court fight when they voted 3-2 to defy the ID card order.On Tuesday, he said: "It is certainly a legitimate argument that the county Board of Supervisors have. I think they understand this is not an easy case. We're going to do our best. Ultimately, a court will decide."Sansone praised supervisors, saying they could have simply defied the ID card law and waited to see if the state took them to court."Instead," he said, "they're going to take on the initiative, and, in fact, challenge the law."But those who criticized supervisors at Tuesday's meeting had different feelings about the Compassionate Use act and the county's authority to challenge it."The state Constitution ... requires all state officials to enforce only state law," Claudia Little said. "Federal law does not trump state law. Prop. 215 was passed by a wide majority of Californians, and numerous polls have showed that people around the country and California support this. The public is way out ahead of our politicians here."The U.S. Food and Drug Administration still lists marijuana as a "class 1" drug, along with morphine, heroin, cocaine and other dangerous narcotics.But the FDA has also allowed the active ingredient of marijuana ---- tetrahydrocannabinol, or "THC" ---- to be sold as a prescription drug ---- as long as it is synthetically produced rather than grown.Medical marijuana proponents say that distinction is hypocritical and is still in effect to protect big pharmaceutical companies that could lose hundreds of millions of dollars if people were allowed to use legally grown marijuana as medicine.Little, who said she was a "mother, grandmother, Navy nurse, Vietnam veteran, retired nurse practitioner and former pain-management specialist for a large pharmaceutical company," said marijuana, or cannabis, was her salvation."I use medical cannabis for severe pain and inflammation of osteoarthritis," she said. "Like many other patients, standard pharmaceuticals haven't helped me. I've used ... Celebrex, Vioxx and hydrocortisone injections. This is the only thing that helps."Richard Hertz of San Diego said supervisors were acting out of personal prejudices against medical marijuana use, and wasting taxpayer money, in addition to hurting patients."You don't get to willingly invite lawsuits that we will have to pay for," he said. I say, if you get sued for following your personal opinions ---- you pay for it. You've said this is a bad law. Well, I'm here to tell you that you don't get to decide that. The state Legislature has instructed you to implement this program. It's time you realize your personal opinions don't matter."Source: North County Times (CA)Author: Gig Conaughton, Staff WriterPublished: Wednesday, November 9, 2005Copyright: 2005 North County Times Contact: editor nctimes.comWebsite: http://www.nctimes.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #17 posted by OverwhelmSam on November 10, 2005 at 15:51:02 PT
Vanity, My Favorite Sin
Talk about a moot initiative. By the time this suit works it's way through the appeals process, marijuana will be legal! I agree, the citizens of this county should do something about their alarmist representatives.
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Comment #16 posted by siege on November 10, 2005 at 09:34:52 PT
implement a plan
Sansone, meanwhile, said the initial intent of the county suit ---- which he said the county planned to file in federal court within the month ---- ((would be to overturn the state's registry and identification card law)).
this part of it could save your Butts from the Dea and time in Jail this could be a good thing in the long run... It's just how one looks at it.
215.
  (B) To ensure that patients and their 
primary caregivers who obtain and use marijuana for medical purposes 
upon the recommendation of a 
physician are not subject to criminal prosecution or sanction. (C) To encourage the>>>>federal >>>stateThe old governor  tried to mess up 215,by adding his will to it...
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Comment #15 posted by Toker00 on November 10, 2005 at 03:59:35 PT
Safer alternative to booze and hard drugs.
That must be what has happened in my case, FoM. I am so grateful. Thanks, Hope. I believe when they start doing studies, they will find many, many people who benefit from cannabis's rehabilitating powers. There will be many testimonies. Wage peace on war. END CANNABIS PROHIBITION NOW!
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Comment #14 posted by gloovins on November 09, 2005 at 21:42:44 PT
ahhh, the "Children"....again...
San Diego is way out of line on this one & these disrespectful SD Co. Board of Sups...but I know when they haul out :"But San Diego County supervisors have repeatedly disparaged the law over the years. A week ago, the board voted 3-2, with Supervisors Ron Roberts and Greg Cox dissenting, to ignore the ID card order on the grounds that it would be telling children that marijuana was OK, and that drug abuse could increase."Hello...okay, let's act like children to explain this to these 3 vastly ignorant individuals who voted for this.Alcohol KILLS, see? Do we ban it for the sake of "children"? No. We learned in the 1920's about this. It's called prohibition. Now, cannabis the plant. Kills NO one annually (that's each year). Some might say the prohibition of cannabis does lead to death, for the evil, sick people who use it often cannot get it because it's is banned at the Federal level. Also, alot of big pharmicutical companies will loose money because the cannabis plant is easily grown in or outdoors & replaces the expensive drugs they sell to make money.Ok, that's all for today. Go now and waste some more SD tax dollars on folly.......the children are safe, cause Mom & Dad are only mildly drunk tonight.
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Comment #13 posted by Zandor on November 09, 2005 at 17:10:39 PT
San Diego should recall them
The three who voted to sue after 9 years just to put off the inevitable should be recalled from office for wasting taxpayer’s money. 
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Comment #12 posted by Hope on November 09, 2005 at 17:05:14 PT
Toker00
Your story isn't offensive, it's a good testimony. Alcohol and vomiting go hand in hand all too often. 
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Comment #11 posted by FoM on November 09, 2005 at 16:26:36 PT
Toker00 
You mentioned you get sick now if you drink even one drink. I think I would get sick if I drank even one drink. I believe we can become hypersensitive to some drugs and alcohol. That's just my opinion.
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Comment #10 posted by mayan on November 09, 2005 at 16:23:45 PT
Soon 2 B Unemployed
These San Diego County supervisors must not like their jobs. They will soon be looking for work elsewhere! 
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Comment #9 posted by Toker00 on November 09, 2005 at 15:51:43 PT
Re-hab study
Cannabis As A Substitute for Alcohol,(pdf) published in the Journal of Cannabis Therapeutics Vol. 4(1) 2004, this clinical study follows 88 patients who are (with variable success) using cannabis to end or decrease their use of alcohol. http://mikuriya.com/cw_alcsub.pdfI hope this is a long range study. From personal experience, it can take years. But it is a progressive healing. The more you toke and the less you drink, the harder it is on your body when you relapse. It takes less alcohol to make you sick, drunk, and hungover. I am at the point now, one drink of hard liquor will make me toss and moan until I get up and puke. Sorry for the graphics. The only reason I drink that one drink, is for lack of my medicine. I tell you, cannabis has saved my life from alcoholism. There is no doubt about it. I apologize if my testimony offends those who enjoy alcohol. I wish I could enjoy it, but I am so thankful and blessed that I have a SAFER ALTERNATIVE FOR ENJOYABLE RECREATION.Wage peace on war. END CANNABIS PROHIBITION NOW! 
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Comment #8 posted by Hope on November 09, 2005 at 14:27:51 PT
Recall them. Fire them. Fine them. Sue THEM!
Something.If nothing else be sure they aren't re-elected. 
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Comment #7 posted by Hope on November 09, 2005 at 14:25:49 PT
Impeach them!
If that's possible, as soon as possible.
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Comment #6 posted by afterburner on November 09, 2005 at 13:02:55 PT
'other dangerous narcotics'
You mean like LSD (a psychedelic, NOT a narcotic). The federal scheduling system was condemned by the government's own advisors as Unscientific.ANDCannabis As A Substitute for Alcohol,(pdf) published in the Journal of Cannabis Therapeutics Vol. 4(1) 2004, this clinical study follows 88 patients who are (with variable success) using cannabis to end or decrease their use of alcohol. http://mikuriya.com/cw_alcsub.pdf
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Comment #5 posted by jared3602 on November 09, 2005 at 12:17:31 PT
Morphine
I though morphine was a class 2 drug right along with cocain.
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Comment #4 posted by Shishaldin on November 09, 2005 at 12:03:05 PT
May Jah Bless Sam Farr
"By providing an affirmative defense for medical marijuana patients, my legislation provides a reasonable way to accommodate contradictory federal and state laws on a very important medical matter," said Rep. Farr. "I am offering a compassionate, common sense solution and I hope my colleagues in Congress will put aside their preconceptions and give it fair consideration."Gotta love that guy! He REALLY IS my representative, both literally and figuratively. He obviously wants my vote, and he'll get it AGAIN :)Peace and Strength,Shishaldin
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Comment #3 posted by FoM on November 09, 2005 at 11:55:51 PT
Nuevo Mexican 
It really is good to see you more frequently recently. 
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Comment #2 posted by FoM on November 09, 2005 at 11:52:38 PT
Press Release from The Marijuana Policy Project
Bill to Assure Fair Trials for Medical Marijuana Patients Introduced in Congress***Bipartisan Bill Would Let Defendants Show They Followed State LawNovember 9, 2005 WASHINGTON, D.C.—In the wake of June's Supreme Court ruling allowing federal prosecutions of medical marijuana patients even in states where medical use of marijuana is permitted, U.S. Rep. Sam Farr (D-CA) and a bipartisan group of cosponsors have re-introduced legislation to guarantee such defendants a fair trial. The measure comes one week after the release of a new national Gallup poll in which 78% of respondents supported "making marijuana legally available for doctors to prescribe in order to reduce pain and suffering."The Steve McWilliams Truth in Trials Act would allow individuals accused of violating federal marijuana laws to introduce evidence in federal court that they followed state law for the purpose of alleviating suffering. Defendants could be found not guilty if the jury finds that they followed state medical marijuana laws. At present, medical marijuana patients are barred from telling federal jurors that their use of marijuana was for medical purposes, even when state laws explicitly permit medical use.The bill is named for San Diego medical marijuana patient and activist Steve McWilliams, who used marijuana to relieve the severe pain he suffered from a series of auto accidents. Facing federal prosecution for growing 25 marijuana plants in his yard, forbidden from mounting a medical-necessity defense, and unable to use the one medicine that eased his suffering for fear of being jailed, McWilliams committed suicide on July 12."By providing an affirmative defense for medical marijuana patients, my legislation provides a reasonable way to accommodate contradictory federal and state laws on a very important medical matter," said Rep. Farr. "I am offering a compassionate, common sense solution and I hope my colleagues in Congress will put aside their preconceptions and give it fair consideration.""This is a matter of simple fairness," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. "Trials should be about uncovering the truth, not about censoring facts the government dislikes. Jurors deserve to hear accurate information before making grave decisions about the fates of people who, in many cases, have dedicated their lives to assisting sick and dying patients."With more than 18,000 members and 120,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP works to minimize the harm associated with marijuana—both the consumption of marijuana and the laws that are intended to prohibit such use. MPP believes that the greatest harm associated with marijuana is imprisonment. For more information, please visit: http://www.MarijuanaPolicy.orghttp://www.mpp.org/releases/nr20051109.html
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Comment #1 posted by nuevo mexican on November 09, 2005 at 11:51:35 PT
This will be fun to watch, as it will fail!
Gleeful, yes, as you know the ship is sinking fast!With Denver coming to its' senses, and San Diego IS in California, what are these guys thinking?They're not, and this will be seen a a huge victory for us when they fail, as this will be seen for what it is, lack of representation.Period.After the vote of yesterday, and Ahhhnold going down, this was perfectly timed to backfire, anyone concur?
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