Medical-Pot Politics

Medical-Pot Politics
Posted by CN Staff on June 22, 2008 at 07:28:02 PT
Source: Appeal-Democrat
California -- For years various jurisdictions and law enforcement agencies have dragged their feet when it comes to implementing California's Proposition 215, the initiative passed by voters in 1996 that allows patients with a recommendation from a licensed physician to grow, possess and use cannabis, or marijuana, without legal penalty. Last year three California counties, San Diego, San Bernardino and Merced, announced they would challenge the initiative itself, on the grounds that it is in conflict with federal law, which still — in defiance of the best scientific evidence — classifies marijuana as a drug with no known medical benefits and illegal under any circumstances.
Now that they have taken their case to the state appellate court level (having been rebuffed at the Superior Court level in December), however, their case is much more modest. Instead of challenging Prop. 215 itself, they are challenging a 2003 state law, Senate Bill 420, that sought to implement the law. Among other provisions, SB420 requires counties to set up a program to screen patients and issue patient ID cards. The program is voluntary, in that patients are not required to apply for cards, but the idea is that having a government-issued card will make encounters with law enforcement easier for all concerned.San Diego and San Bernardino counties — Merced has dropped out of the suit and begun issuing ID cards — argued before a three-judge panel of the 4th District Court of Appeal in San Diego on Tuesday that this provision requires them to break federal law by aiding and abetting the use of a drug that is still strictly prohibited under federal law. They also argue that SB420 illegally changes Prop. 215, because under the California constitution only the voters can change a law approved by the voters through the initiative process. The appellate panel has 90 days to hand down a decision.The two counties may have a case, although it's a stretch on both counts. Courts have ruled, for example, that when the police are required to return medicine to patients they are acting as agents of the court and bear no legal liability. Insofar as SB420 makes ID cards and guidelines voluntary rather than mandatory for patients, it doesn't change the law but only implements it. But however the court decides on those issues, the good news is that when this suit is settled, California's basic medical marijuana law will still be in place.A provision of the California constitution requires state and local officials to enforce state law rather than federal law when a perceived conflict exists with federal law, unless and until a court rules that federal law supersedes and invalidates state law. That hasn't happened, and it's not going to happen. State and local officials who are still dragging their feet need to do their duty and comply with the law.Note: Two counties argue that implementing Prop. 215 would force them to violate federal drug laws. Source: Appeal-Democrat (Marysville, CA)Published: June 22, 2008Copyright: 2008 Appeal-DemocratContact: http://www.appeal-democrat.comCannabisNews Medical Marijuana Archives
Home Comment Email Register Recent Comments Help

Comment #10 posted by DCP on June 23, 2008 at 20:15:13 PT
You ask why San Diego and San Bernardino Counties are acting this way? Thats easy...they are Republican.
[ Post Comment ]

Comment #9 posted by ripit on June 23, 2008 at 04:11:00 PT:
OT george carlin dead
he was my fav comedian. i gonna miss him!
[ Post Comment ]

Comment #8 posted by Hope on June 22, 2008 at 19:43:00 PT
No one wants to force prohibs to smoke pot.
Why in the name of reason and sanity do they go to such great and drastic lengths to prevent those who want to use pot from using it?The prohibs are a strange kind of cruel, and crazy, and sick.The question is not what is wrong with the people that want to use, benefit from, or just enjoy the herb. The question is, what in the world is wrong with the prohibs?
[ Post Comment ]

Comment #7 posted by HempWorld on June 22, 2008 at 17:40:24 PT
Business as usual...
My dear friends at these San Diego county supervisors etc. should be fired immediately! They are paid by the democratic process but in their suit they do not seem to understand this. They are using tax payers' monies to fight democracy itself (and the US constitution), quite a feat! In one word, incompetence.
On a mission from God!
[ Post Comment ]

Comment #6 posted by user123 on June 22, 2008 at 13:58:04 PT:
Favorite Quote
"It is difficult to get a man to understand something when his salary depends upon his not understanding it." 
Upton Sinclair
[ Post Comment ]

Comment #5 posted by RevrayGreen on June 22, 2008 at 13:31:25 PT
some music for Sunday services........
Music: Johnny Reeferseed and the High Rollers - “Light ‘em Up”video of LIGHT 'EM UP !!!! from GMJM 08 DSM IA, the indoor shelter the performance was in most recently under water. I'm sure the clock will need replaced.Video here: James Getman NORML/IA director 
NORML Daily Audio stash 6/20/2008
[ Post Comment ]

Comment #4 posted by FoM on June 22, 2008 at 12:49:34 PT
Thank you for the links. I can only imagine when we get into August and September how intense the election process will become. It's gonna be quite a ride I expect.
[ Post Comment ]

Comment #3 posted by mykeyb420 on June 22, 2008 at 11:53:43 PT
daily funny bone
This will make you feel smart. :)
how dumb is GW Bush
[ Post Comment ]

Comment #2 posted by mykeyb420 on June 22, 2008 at 11:50:13 PT
I'm not John McCain
And NO WAY would he approve of this message.pass it on
no you can't
[ Post Comment ]

Comment #1 posted by mykeyb420 on June 22, 2008 at 11:42:29 PT
"Note: Two counties argue that implementing Prop. 215 would force them to violate federal drug laws."It is NOT up to counties to enforce Federal laws, it is up to them to enforce local laws only. They are overstepping their jurisdiction. Why are they concerned?
[ Post Comment ]

Post Comment