California Judge Denies Pot Law Challenges
December 8th, 2006 by Tim
Medical marijuana patients can rest easy knowing that San Diego’s challenge to the state Compassionate Use Act has failed.
The basis for the counties’ argument was that San Diego should not be responsible for upholding a state law that is counter to a federal law. Specifically, they didn’t want to give medical marijuana users identification cards, so they took the issue to court. Joining them in the battle was San Bernadino county and Merced county. Not cool guys.
I know there are a lot of state-level issues that require serious attention, but the resources a lawsuit like this wastes just isn’t worth the price. Unfortunately, San Diego saw otherwise.
Superior Court Judge William Nevit Jr. explained his ruling this way:
Requiring the counties to issue identification cards for the purpose of identifying those whom California chooses not to arrest and prosecute for certain activities involving marijuana use does not create a ‘positive conflict.
This was his 2nd ruling on the subject which has now backed up his original stance on the case. San Diego attorneys are still debating whether to appeal the decision, but they should just let this die.
States are allowed a certain amount of autonomy under the constitution and challenging that does nothing but cede more power to the federal government. Plus, 55% of California voters made the Compassionate Use Act a law, who is San Diego county to overturn the entire state’s opinion?
The ruling also lets the 10 other states with medical marijuana laws breathe easier. Hopefully, this will be the final nail in the coffin of San Diego’s attempt to repeal the act, and we can move forward on the path to legalization.
[via Mercury News]
