San Diego and San Bernardino Counties Lose Challenge to State Medical Cannabis Laws

Lanny via list

San Diego and San Bernardino Counties have lost in court again in their continuously
ill-fated, taxpayer funded bid to have California's medical marijuana law declared
unconstitutional. Here's the information I just received from Richard Lake of the
Media Awareness Project.


San Diego and San Bernardino Counties have lost in court again in their continuously
ill-fated, taxpayer funded bid to have California's medical marijuana law declared
unconstitutional. Here's the information I just received from Richard Lake of the
Media Awareness Project.

"State appellate court judges today turned aside a challenge by San Bernardino and
San Diego counties to California's Medical Marijuana Program Act. "

The counties had argued that the state law conflicted with the federal Controlled
Substance Act, and that the federal law should preempt the California act.

But the three judges who heard the case in San Diego ruled that the conflict the
counties claimed does not exist, citing the "distinct provisions of the exemptions
from prosecution" under the California law.

The judges also rejected San Bernardino County's claim that the identification card
provisions of the Medical Marijuana Program Act are invalid.

"The decision can be appealed to the California Supreme Court."

As the article stated, the decision can be appealed to the California Supreme Court.
Will the counties appeal their loss? The reason the counties filed the lawsuit in
the first place was so that they would not have to issue the MMJ ID card. As long as
the issue was being litigated, they did not have to issue the cards.

As a consequence, San Diego and San Bernardino Counties will most likely appeal just
so they can continue to refuse to issue the ID cards. One may wonder - why are they
doing this in the first place? It is because the San Bernardino County Board of
Supervisors genuflects before law enforcement and if the ID card program goes into
effect, SB County sheriff's officers will not be able to arrest medical marijuana
patients who have the ID card.

The San Bernardino County Sheriff's Dept. is well aware that the Riverside County
Sheriff's office has sent out a memorandum to all personnel that if a patient has
the ID card and the amount of marijuana in their possession and under cultivation
does not exceed the county guidelines, then the patient is not to be arrested and
their medicine is not to be confiscated. I am sure that there are members of
Riverside County law enforcement who look longingly over the San Bernardino County
border and fantasize about arresting medical marijuana patients like their brethren
in the San Bernardino County Sheriff's office.

But they can't and that just pisses them off no end.

If San Bernardino does not appeal the decision, then they will have to issue the ID
cards and the SB Sheriff's Dept. will have no choice but to obey the law. And for SB
County law enforcement and elected officials, obeying the law is the exception
rather than the rule.

With that kind of attitude, the question is how can we get San Bernardino County to
drop out of the lawsuit?

Here's how.

San Bernardino County is some $17 million dollars in the red. There was a front page
article in the Press Enterprise today on how SB County wants to cut police officers
salaries due to the budget problems. They are also going to close down health
programs, reduce library hours, fill fewer potholes and do whatever else it takes to
save $$$.

That is except save the several hundred thousand dollars they will throw away on a
fickle, fruitless and foolish appeal. Maybe the SB Board could ask the police if
the police would mind having their salaries cut so that they could keep arresting
mmj patients? Wow - that would be a tough choice wouldn't it.

We need to bring this total waste of taxpayers' dollars to the attention of the
public. We need to let the public know that their libraries are closing, their
health programs are being cut, their potholes are not getting filled, but the SB
Board of Supervisors is spending scarce taxpayer dollars to overturn a vote of the
people of California.

How do we do this?

I have been in contact with Americans for Safe Access and other medical marijuana
and marijuana law reform organizations about that very issue. We are in the process
of planning a coordinated response to get San Bernardino County to drop out of the
lawsuit and stop wasting taxpayer dollars in a time when the amount of taxpayer
dollars is not sufficient to keep existing services afloat.

How we do this?

WITH YOUR HELP - come to the meetings next week and learn about how this court
decision affects you; be part of the planning process to get SB County out of the
lawsuit; participate in the protests, rallies, presentations and meetings to stop
this waste of taxpayers' money and finally bring to an end the arrest of medical
marijuana patients in SB County!

This time YOU can make a difference. Come to one of the MAPP meetings listed below
and stand up for what is right and fair and just and, since it is about marijuana,
what's good medicine and downright healthy for the community.

Saturday, August 2 at 3 p.m. - Copykatz Showroom, 210 S. Palm Canyon 92262 in
downtown Palm Springs at corner of S. Palm Canyon and Arenas.

Wednesday, August 6 at 7:30 p.m. - THCF Medical Clinic & Patient Center, 647 Main
Street in Riverside 92501 between Columbia Ave. and Center St. at corner of Main &

Wednesday, August 20 at 6:30 p.m. - Red Barn Feed Store, 350 Old Woman's Springs Rd.
(Hwy 247) between Yucca Valley and Landers.

You can get the most up to the moment info on this issue by tuning into my radio
show, Marijuana Compassion and Common Sense, this Friday night at 6 p.m. Don Duncan
from ASA will be on the show and it is hoped that another legal eagle will be able
to join the discussion about this incredibly favorable decision and what needs to be
done to make sure it stands. You are invited to join in the discussion by calling
the listener call-in line at 1-888-909-1050. The show is broadcast on KCAA 1050 AM
and is simulcast on the Internet at (click Listen Live in the left

This is our victory. If we sit on our butts and do nothing, victory will slip
through our fingers. With your help, with your involvement, we can all sleep safer
knowing that we will not be arrested and all sleep better because of the toke we
took or the bite we had of marijuana just before going to bed.