San Bernardino joins medical marijuana lawsuit
By: GIG CONAUGHTON - Staff Writer | ∞
A second county has joined San Diego County supervisors' challenge to overturn California's 9-year-old medical marijuana law, the "Compassionate Use Act."
San Bernardino County supervisors voted in closed session Tuesday to file their own lawsuit challenging the voter-approved Compassionate Use Act, Proposition 215, and said Wednesday that they expected the courts would consolidate the two legal actions.
San Diego officials filed a lawsuit in U.S. District Court on Friday, arguing that Prop. 215 should be pre-empted by federal law, which says all marijuana use is illegal and that the drug has no medicinal value.
Bill Horn, chairman of the San Diego County Board of Supervisors, said Wednesday that he was not surprised that San Bernardino supervisors also decided to sue.
Meanwhile, officials from the state attorney general's office said they are still studying San Diego County's filing.
And American Civil Liberties Union officials said they expect federal officials to throw the county's lawsuit out before it is even argued.
San Diego County supervisors have been sharply criticized by local patients who use marijuana to ease pain, and marijuana advocacy groups.
On Tuesday, as San Bernardino supervisors were voting to file their own lawsuit, three groups in San Diego ---- the ACLU of San Diego and Imperial Counties, as well as drug advocacy groups Americans for Safe Access and the Drug Policy Alliance ---- said they would ask the court's permission to formally oppose San Diego County's suit.
ACLU officials said Wednesday that the courts have set a March 13 date to hear its arguments that it should be allowed to join the San Diego County lawsuit, and oppose it, on behalf of what they called unrepresented medical marijuana patients.
San Diego County's lawsuit was filed against the state of California and Sandra Shewry, director of the state's Department of Health Services, and asks the courts to stop the state from enforcing Prop. 215 ---- essentially erasing it.
The county's lawsuit cites the U.S. Constitution's "supremacy clause," which states that the federal Constitution and federal law should be "supreme," as well as a 1961 U.S. treaty with 150 other nations outlawing marijuana as proof that Prop. 215 should be pre-empted by federal law.
Ruth Stringer, assistant county counsel for San Bernardino County, said the county expected to file its lawsuit in the same federal court soon.
"We'll be filing something similar to what San Diego filed," Stringer said. "They're the same issue."
But ACLU attorney Allen Hopper said he expects federal judges to throw out San Diego County's lawsuit before it is ever heard. Hopper and other ACLU officials said previous 9th Circuit Court of Appeals rulings have established that counties cannot sue their respective states over federal law.
The state attorney general's office agrees with that opinion, spokesman Nathan Barankin said.
But Horn and other San Diego County officials feel they have sound legal arguments that the courts will favor.
"I think we have the law on our side," he said. "If (the ACLU) is worried about going to court and the outcome, I think we're on the right track."
Contact staff writer Gig Conaughton at (760) 739-6696 or gconaughton@nctimes.com. To comment, go to nctimes.com.
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John wrote on Jan 26, 2006 5:48 AM:Is it any wonder that these people, who are out of touch with the will of the people , think that spending state funds on such nonsence is a good idea? one must ask oneself, why are these people still holding office? Recall and shorter terms is the answer. The flagrant misuse of public funds to overturn a majority vote of the people of the state, is beyond any reasonable act. Pull these misfits out of office and send the message that the will of the people is greater than any one or group of them. let their names be added to the list of those who do foolish things with power that is NOT a BLANK CHECK. let the people seek restitution from these misfits.
Writer wrote on Jan 26, 2006 7:03 AM:Political hacks in San Bernadino join with political hacks in San Diego County. I never saw that coming!
Ted P wrote on Jan 26, 2006 11:10 AM:Leave these people alone. As long as nobody is getting hurt by people usung medical Marijuana then what happened to US Land of the Free, Home of the Brave. Leave these people alone, most are to sick to mount a huge legal battle without using more taxpayer resources.
JW wrote on Jan 26, 2006 8:21 PM:Bill Horn says, "I think we have the law on our side." Well he is right about that. Unfortunately laws are not always ethically or morally justifiable. Thus is the case with the Fedral ban on Marijuana. They have the legal right to imprison sick people who use this medicine. They have forsaken the moral high ground.
Jeff wrote on Jan 27, 2006 9:19 AM:Who are they serving? I can assure you they're not serving Jesus. Christ called us to heal, not hinder the answer to that prayer. They're not serving the people, obviously. Who are they serving? they're serving party politics of tomorrow. I hope they realize that willful disobedience to God will immediatly trigger the wrath of God, especially when the disobedience comes from the powers that be. I am fearful that if they do not repent from this wickedness, they're not going to be around to enjoy the wages of their unrighteousness.
Baaaa... wrote on Jan 31, 2006 4:45 PM:What is that they say about sheep San Bernadino?? Better yet, political grandstanders??
Jim wrote on Feb 2, 2006 8:53 AM:According to local press, the biggest story of 2005 in S.B County was crime. Gangs and violent crime on the increase. Prisoners being paroled early do to overcrowding of jails. A coroner's office in crisis due to understaffing. "Criminals could be getting away with murder in S.B county because the coroner's office dosen't have enough investigators and pathologists, a top official said." Yet they devote their time,energy and resources to banishing a harmless benign weed. Recent studies show that THC, the active ingredient in Marijuana, may increase neuro genisis, or the creation of new brain cells, by up to 40%. This means MJ may be VERY good for the brain. Other studies show that at the very worst, it is harmless.
daniel wrote on Feb 22, 2006 2:41 PM:I can't believe our legislators still agree with(marijuana)"cannibis"has no medicenal value. I'm disabled with servere chronic pain in my 7 yes 7, broken vertabrae,i take 180mgs of morphine every 24hours.I'm tapering off the morphine,because these medical strains ain't your "Dope on the street" they are differant types that helps differant ailments.Let the people deside, they did, and it popped the bubble on polititions with hidden agenda's. Like a sertain San diego councilman, who 20yrs. ago was selling marijuana by the ton.Iv'e said enough. daniel,medical mmj user.
val mcd wrote on May 3, 2006 12:55 PM:You people have no clue I am a patient and every since, I havent been able to get off my sofa. That crap has ruined my life, plus I was robbed by some weed heads that knew I had a script. There are doctors that are just perscribing the crap for $200.00 not for medical value at all. Those people should go to jail. There are thugs on the corner selling Medical marijuana to he high school kids and guess where the got it from the clinic, do you think they really need it hell.
T.L.C wrote on Oct 17, 2006 9:51 PM:If people are responsible enough to drink alcohol which kills thousands of people yearly due to abuse.Why can't there be some kind of program for patients with illness.Pot Doesn't Kill.It Heals!!!
LEFTY wrote on Oct 28, 2006 10:22 AM:What a pity that San Bernardino County supervisors don't have anything better to do on the taxpayer's time. I'd say we have much more important issues we should be dealing with in this county!
doosh wrote on Nov 16, 2006 10:32 PM:Yeah right, the pushers on the street are selling medical cannabis... haha, have you ever bought from a dispensary? $60 to $80 an 1/8. So that means the pusher has to sell his stuff for $80 to $100 an 1/8? not happening.
dj wrote on Jun 22, 2007 11:36 AM:what a big surprise - a bunch of... political hacks wasting tax payer money.. again... [they] should be focusing on REAL problems instead of picking on poor, sick cancer patients trying to ease their pain..
toolmantim wrote on Aug 14, 2007 8:27 PM:I can't beliee these golf club heroes are screwing things up for every one. My uncle has arthritis all throughout hisbody. The only thing that helps medicate him witout making him completley catatonic is medical canibus. More over it should be legalized period. That way we can free up space in our jails for those who actualy commited a haneous crime. Rather than releasing hard criminals to make room for a guy caught with an ounce of bud. Wow where is America. Is it dead and gone. Now we are just left with over privlaged politicians that overturn laws voted in by the people...
Dan wrote on Sep 5, 2007 3:34 PM:Well, it's now 090507, and I see the article's dated January 2006. Anyone know the status of the lawsuit?
Fred Z. wrote on Sep 26, 2007 4:09 AM:The enforcement of federal laws on medical marijuana, are simalar to prohibition. Sick people will do what they have to to keep well. Every so called bust seems to help the people growing and selling and shipping to keep the profits up. Long live the growers and sellers!
franky wrote on May 6, 2008 4:16 PM:to Dan, the lawsuit was shut down pretty harshly. the judje himself advised SD supervisors to stop wasting taxpayers money
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