Pubdate: Sat, 26 Aug 2006
Source: Merced Sun-Star (CA)
Copyright: 2006 Merced Sun-Star
Contact:  http://www.mercedsun-star.com/
Details: http://www.mapinc.org/media/2546
Author: Chris Collins
Cited: Merced County Board of Supervisors 
http://www.co.merced.ca.us/bos/index.html
Cited: American Civil Liberties Union 
http://www.aclu.org/drugpolicy/medmarijuana/index.html
Cited: Drug Policy Alliance http://www.drugpolicy.org
Cited: Americans for Safe Access http://www.safeaccessnow.org
Cited: Safe Access Now http://www.safeaccessnow.net
Bookmark: http://www.mapinc.org/topics/San+Diego+County
Bookmark: http://www.mapinc.org/topics/San+Bernardino+County
Bookmark: http://www.mapinc.org/topics/Merced+County
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

COUNTY JOINS POT-FIGHTING LAWSUIT

Taking a Stance Against Medical Marijuana

Merced County is gearing up for a smoking showdown with civil rights 
groups that could determine the future of state medical marijuana laws.

The county is expected to file legal papers on Friday that will join 
San Diego and San Bernardino counties in arguing that federal laws 
banning marijuana supersede any state laws allowing the use of the drug.

The Merced County Counsel's Office joined the legal battle three 
months ago in an effort to overturn Proposition 215, the 1996 measure 
that allows Californians to use marijuana for medicinal purposes.

But most members of the county Board of Supervisors say they want the 
marijuana laws clarified, but don't want to see the drug completely banned.

They were hard-pressed to explain why they all voted to join a 
lawsuit that would prohibit any marijuana use, even for medicinal purposes.

"I don't know," said Supervisor Kathleen Crookham. "I would assume 
we're involved because so many people raised the issue."

Supervisor Jerry O'Banion said he didn't think the county was taking 
a stance on the issue.

"I don't look at it as we're siding on someone's side," he said.

But Merced County's attorneys argue in a complaint filed in San Diego 
Superior Court that Proposition 215 "is invalid as a matter of law."

Supervisor Mike Nelson, who is the only member of the board who said 
he is opposed to the use of medical marijuana, said the supervisors 
voted to join the lawsuit after Merced resident Grant Wilson 
repeatedly showed up to board meetings earlier this year.

At each meeting, Wilson asked supervisors to vote on whether the 
county should issue identification cards for people who were 
prescribed medical marijuana, as ordered by the Legislature in 2003.

Merced County and most other California counties have not set up an 
identification system yet, saying it would cause too much confusion 
for health and law enforcement officials.

Nelson, who is the chairman of the board, denied Wilson's requests 
each time. Instead, Nelson voted to join the lawsuit.

"Mr. Wilson has continually come asking for some determination," he 
said. "So to help him along, we're asking for a determination."

The lawsuit would have gone on without Merced County's participation 
however, and the court would have eventually reached a ruling that 
would clarify which marijuana laws should prevail.

Asked if the county could have waited for the lawsuit to play out 
instead of devoting staff time to the effort, Nelson replied, "Perhaps."

Wilson could not be reached for comment Friday. In a letter he sent 
to Nelson in July, he said he felt "misled and deceived" by the 
board's decision to join the lawsuit.

Supervisor Deidre Kelsey, who said she supports the right for 
patients to be prescribed marijuana, said she voted for the county to 
join the lawsuit that would eliminate that right because the county's 
participation would give local officials some say in how the legal 
battle is resolved if the case is settled.

"It gives us an opportunity to give our input at the table if there's 
an opportunity for negotiations," Kelsey said.

Supervisor John Pedrozo could not be reached for comment Friday.

Deputy Counsel Walter Wall, who is assigned to argue against 
Proposition 215 for Merced County, provided basic details about the 
marijuana lawsuit, but declined to comment on why the county decided 
to join the legal effort.

San Diego County supervisors voted 3-2 last November to file suit 
against the state to overturn Proposition 215. The lawsuit also seeks 
to eliminate the 2003 law passed by the Legislature that requires 
identification cards for marijuana users.

San Bernardino County joined the legal battle in January and Merced 
County jumped in five months later. No other counties have joined the lawsuit.

The counties' opposition has mounted in recent weeks. A judge ruled 
Aug. 5 that the American Civil Liberties Union, the Drug Policy 
Alliance and Americans for Safe Access could join the fight against 
the three counties.

Another group, called Safe Access Now, rallied marijuana-rights 
supporters in Merced County in May after supervisors voted to join the lawsuit.

A half dozen locals and Aaron Smith, a Safe Access Now lobbyist, 
called on county officials to drop the legal effort because they said 
other courts have already backed the legality of Proposition 215.

"It would be a great misappropriation of Merced County's limited 
resources to entangle itself in this costly lawsuit," Smith said in a 
statement released at that time. 
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