Archive for the 'Marijuana ID Cards' Category

Medical marijuana user to sue SB County - ContraCostaTimes.com

Friday, January 2nd, 2009

Medical marijuana user to sue SB County - ContraCostaTimes.com:

A medical marijuana user announced this week that he will file a lawsuit Monday against San Bernardino County to compel the county to issue ID cards to medical marijuana users.Scott Bledsoe, of Crestline, will also seek a court order halting the Sheriff Department’s practice of arresting medical marijuana users for possession even when users present evidence that the drugs are for medical use, according to a news release.

Although a state law passed in 2003 compels counties to issue ID cards to medical marijuana users, San Bernardino county and several other counties have refused to do so, citing the state law’s conflict with federal law, which prohibits marijuana possession.

San Bernardino County joined San Diego County in a 2006 lawsuit against the state challenging the constitutionality of the state’s medical marijuana program.

A San Diego County judge ruled in favor of the state, and that ruling was affirmed in July by a State Court of Appeal.

The State Supreme Court declined to consider an appeal of the decision brought by the counties. The counties have said they intend to appeal the ruling to the U.S. Supreme Court.

Until the appeals process is completed, San Bernardino County will not consider issuing ID cards for medical marijuana users, said county spokesman David Wert.

“The courts have not addressed the conflict between state and federal law,” Wert said.

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