County to sue state over medical marijuana laws
By: GIG CONAUGHTON - Staff Writer | ∞
SAN DIEGO ---- 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."
Contact staff writer Gig Conaughton at (760) 739-6696 or gconaughton@nctimes.com.
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Larry H wrote on Nov 9, 2005 6:57 AM:It just seems so simple. It passed, Its now law , so implament it! If you don't like it there is a process to go through to change it again. America gotta' love it!
Eli F wrote on Nov 9, 2005 9:25 AM:The problem is the lack of state power. State legislature derives it's power over a city entirely from municipal government. i.e. New Orleans had to allow state intervention (national guardsmen) to help after Katrina. Without that request, the state has no business in that city. Under that control model, San Diego has the right to say "Sorry, I don't want to listen to you." The problem is overbearing federal and municipal control. States need to be given back their constitutional power, and the Federal government needs to step out of issues more propperly handled at the state-level.
Tom wrote on Nov 9, 2005 1:45 PM:What a waste of SD county taxpayer money. You supervisors are way behind the public on this issue. Medical cannabis is a reality, deal with it! Your behind-the-times counterproductive actions only increase sick peoples pain. You deserve to lose and most likely will. Note to the editor in regards to this quote: "The U.S. Food and Drug Administration still lists marijuana as a "class 1" drug, along with morphine, heroin, cocaine and other dangerous narcotics." "Marijuana" is a "schedule 1" drug (Controlled Substances Act), considered "without medical value" (an obvious lie). Also morphine and cocaine are "schedule II" drugs that are legal to use medically. "Marijuana" or more accurately cannabis is not a "narcotic" in a medical sense either.
Robert wrote on Nov 9, 2005 6:05 PM:It's easy for the supervisors to sit up there in in closed session and vote to sue the state of California over its medical marijuana laws. Would just one of them have to sit through hours of chemo-therapy which is liken to having battery acid dripped into your blood. The sickness and the loss of appetite and the weight loss. That's what I have been dealing with for almost 3 years. Medicinal Marijuana has relieved some of that sickness and taken the edge off the treatments. The biggest help is that it gives me an appetite and I can eat again. I actually have gained weight. You want to take that away from me and those like me that are fighting cancer. Shame on you If it is made completely against the law I will break that law. What're you going to throw me in jail? Good, you can help manage my care and share some of the expense.
JANINE wrote on Nov 9, 2005 11:16 PM:Prescription and over-the-counter drugs are far more dangerous,kill more people, and are far more abused than medicinal marijuana could ever be. Children should learn that medicinal marijuana is safe and legal. Children should learn that Supervisors implement the law of the people. Children should learn that any drug can be abused, man made ones, as well as God made ones. Children should learn compassion. And our Supervisors should learn the same.
Shauni wrote on Nov 10, 2005 6:59 AM:Why do our elected officials vote behind closed doors to circumvent the will of the people?
Richard wrote on Nov 12, 2005 9:58 AM:The Federal law, specifically the Controlled Substances Act, has three criteria for Schedule I drugs, ALL of which must be met: 1. A High potential for abuse. I'll concede that one; nearly everything fun in life meets that criterion... 2. A lack of accepted medical use in the United States. Aside from the fact that FDA-approved synthetic THC (Marinol)'s existence implies medical efficacy of the whole plant, each of the several States' compassionate use laws and every single physician recommendation thereunder constitutes "accepted medical use" in the United States. 3. A lack of safety for use under medical supervision. Cannabis has been demonstrated to have a therapeutic index in excess of 40,000. It has been used for millenia without a recorded overdose fatality. Name a substance in the Pharmacopoeia that is less toxic. Given that the Federal law is patently absurd on its face, the state law emancipating those of us who treat our maladies with cannabis every day must be instituted. To do otherwise is unconscionable
Jeanne W. wrote on Nov 13, 2005 9:37 AM:Over the last three years I have been through 3 painful biopsies, a lumpectomy, a mastectomy, followed by 6 months of chemotherapy and 4 months of radiation. There were times when I didn’t want to fight it anymore. I couldn’t bear the thought of another chemo treatment followed by continual vomiting and nausea. The only relief and means for nourishment came from a natural God given herb, “marijuana”. God provided us with water, fruits, vegetables, and herbs for a reason. How dare anyone try and control God’s will. It’s been said he gave us all our own “free will”. I believe the county supervisors are stepping on some mighty large toes and they might want to reconsider their plans to sue the state. I am suffering a different kind of pain now, and believe it or not it is much more intense than the chemo was. The pain I am in now is emotional, psychological, causing me intense anxiety and stress. It is due to all the crap I have learned, witnessed, and read about relating to medical marijuana. How these politicians can keep wasting millions of dollars to fight against something that ‘WE THE PEOPLE’ voted for is making me sick. I am embarrassed for our country. How we have let the people that are representing us go this far is very frightening. Our city, state, and country are in such financial trouble why on earth would they sue each other over I.D. cards. This is childish, foolish, stupidity. I am unemployed due to my cancer ending my welding career. I would be more than happy to initiate and provide medical marijuana I.D. cards for sick and dying patients. It might save them from an unnecessary trip to jail and financial hardships that stem from that, as I have experienced. I would be honored to be involved in the compassionate act. It would be a privilege to help fellow cancer patients. I do not want to see anymore of our taxpaying dollars wasted on this issue. If the county supervisors don’t want to do their job then give it to me. I will get the job done, and I will do it right and save the taxpayers who knows how much money. Can you imagine how long a lawsuit would drag out and all peoples time and money wasted. Lets solve a problem instead of creating more.
jeanne wrote on Nov 13, 2005 12:24 PM:Over the last three years I have been through 3 painful biopsies, a lumpectomy, a mastectomy, followed by 6 months of chemotherapy and 4 months of radiation. There were times when I did not want to fight it any more. I could not bear the thought of another chemo treatment followed by continual vomiting and nausea. The only relief and means for nourishment came from Mother Earth, a natural herb, "marijuana". Mother Earth or God, (I believe we all have our own opinions) provided us with water, fruits, vegetables, and herbs for a reason. How dare the supervisors interfere and create more problems for sick and dying patients. How dare they interfere with a God given natural remedy, and force us to use their man made version of T.H.C. I would love to see one of them hanging over the toilet while trying to swallow a pill after chemotherapy. Get a clue all of you, think about it, we can't keep anything in our stomaches, what makes you think a pill is going to stay down? Put yourself in our shoes and maybe you will see the light instead of trying to turn it off on us. I am suffering a different kind of pain now, and believe it or not it is much more intense than the chemo was. The pain I am in now is emotional, psychological, causing me intense anxiety and stress. It is due to all the crap I have learned, witnessed, and read about relating to medical marijuana. How these politicians can keep wasting millions of dollars to fight against something that 'WE THE PEOPLE' voted for is making me sick. I am embarrassed for our country. The county suing the state, city suing the county, etc. What kind of system is this? How we have let the people that are representing us go this far is very frightening. Our city, state, and country are in such financial trouble why on earth would they sue each other over I.D. cards. This is childish, foolish, stupidity. The supervisors concern of influencing children to use drugs is insane. I'm sure there are many households with drugs in medicine cabinets that a child could actually overdose on. I have yet to hear of one death caused by an overdose of marijuana. Every child will be exposed to marijuana at one time or another in their lives. They will either use it or they won't. It is not going to matter to them whether it cures nausea or stimulates appetite for cancer and aids patients. I am unemployed due to my cancer ending my welding career. I would be more than happy to initiate and provide medical marijuana I.D. cards for sick and dying patients. It might save them from an unnecessary trip to jail and financial hardships that stem from that, as I have experienced. I would be honored to be involved in the compassionate act. It would be a privilege to help fellow cancer patients. I do not want to see anymore of our taxpaying dollars wasted on this issue. If the county supervisors don't want to do their job then give it to me. I will get the job done, and I will do it right and save the taxpayers who knows how much money. Can you imagine how long a lawsuit would drag out and all the peoples time and money that will be wasted. Lets solve a problem instead of creating more. Jeanne
jason wrote on Jan 28, 2006 11:50 PM:just reading this makes me sick...time to smoke..screw california. just keep this stuff underground. there's a hook every 4 houses as you go down the street in mission viejo. been this way for 16 years. i refuse to pay a club for herb anyway when i get better and cheaper 4 houses down the street. thats all i'll say. god bless all of you and i pray you all feel better through time.
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