Pubdate: Tue, 19 May 2009
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2009 Appeal-Democrat
Contact: 
http://www.appeal-democrat.com/sections/services/forms/editorletter.php
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343
Author: Ben van der Meer, Appeal-Democrat
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL-POT EDICT MAY AFFECT SUTTER, COLUSA

U.S. Supreme Court Rebuffs Two Counties That Oppose Card Programs

A U.S. Supreme Court decision Monday to not hear an appeal from two
California counties opposing medical marijuana card programs could
have ramifications for Colusa and Sutter counties.

The high court on Monday refused to hear appeals from San Diego and
San Bernardino counties, which say the justices have never directly
ruled on whether California's law trumps federal controlled-substances
laws.

Sutter and Colusa, along with San Diego and San Bernardino, are among
a handful of counties statewide that haven't created card programs for
medical pot users. The decision comes more than a decade after
California voters approved the use of medicinal marijuana with
Proposition 215.

Late last year, Colusa County officials began a study that could lead
to a card program, while Sutter County has consistently rejected such
efforts.

Yuba County began a card program for medical marijuana users last
year.

Sutter County spokesman Chuck Smith said the county will study the
Supreme Court's decision and react accordingly. Sutter County
Supervisor Stan Cleveland said Monday he would let Smith's statement
speak for the board for now.

Sutter County District Attorney Carl Adams said the court's refusal to
hear the appeal leaves in place a situation that he finds distasteful:
state law in conflict with federal law, which holds marijuana is a
controlled substance.

"It's a horrible situation for a government to have laws it doesn't
enforce," Adams said, referring to an edict by President Barack Obama
earlier this year that his administration wouldn't go after marijuana
growers in states where medical marijuana is allowed.

"It's an issue of all the ridiculous things we do to not violate
federal law while still following state law," Adams said.

He added he wasn't a strong advocate for either side of the medical
marijuana debate, noting his office often dismisses cases for
marijuana possession when the defendant can show they had it for
medical reasons.

In Colusa County, calls for comment left with the Department of Health
and Human Services and the county counsel were not returned Monday.

Colusa County District Attorney John Poyner said through a staff
member in his office that he hadn't seen the ruling and had no comment.

Supporters say marijuana helps chronically ill patients relieve pain.
Critics say the drug has no medical benefit and all use should be illegal.

The San Diego Board of Supervisors had sued to overturn the state law
after it was approved by voters in 1996, but lower courts have ruled
against them.

San Diego and San Bernardino counties argued that issuing
identification cards to eligible users, as required by the 1996 state
law, would violate federal law, which does not recognize the state
measure.

A state appeals court ruled that ID card laws "do not pose a
significant impediment" to the federal Controlled Substances Act
because that law is designed to "combat recreational drug use, not to
regulate a state's medical practices."

There are no dispensaries for medical marijuana in Colusa, Sutter or
Yuba counties.

The cases are County of San Bernardino v. California, 08-897, and
County of San Diego v. San Diego NORML, 08-887. 
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MAP posted-by: Jo-D