Pubdate: Mon, 19 Apr 2010
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2010 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: Ralph Givens

'REEFER MADNESS' BAN A VIOLATION

People in Sutter County should know that political  hacks like
Supervisor Jim Whiteaker want to enforce a  "reefer madness" ban in
violation of the California  Constitution.

Sutter County's creation of barriers to access for  medical marijuana 
violates their oath of office and  disobeys the direct instruction of the 
Constitution of  the State of California:

Article III, Section 3.5 of the California Constitution  (adopted in
1978) states that "An administrative  agency, including an
administrative agency created by  the Constitution or an initiative
statute, has no  power: ... (c) to declare a statute unenforceable, or
  to refuse to enforce a statute, on the basis that  federal law or
federal regulations prohibit the  enforcement of such statute unless
an appellate court  has made a determination that the enforcement of
such a  statute is prohibited by federal law or federal
regulations."

Repealing a ballot initiative is not a matter that the  Sutter County
supervisors have the authority to decide.  The U.S. Supreme Court did
not strike Proposition 215  from the books so it is still the law in
California,  including Sutter County.

Ralph Givens

Daly City 
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MAP posted-by: Jo-D