Cannabis News Marijuana Policy Project
  Critics Decry Stone's Call for Medical Pot Suit
Posted by CN Staff on February 03, 2006 at 07:24:01 PT
By Jose Carvajal, Staff Writer  
Source: North County Times  

medical California -- Before the county Board of Supervisors has even begun to discuss the matter, opponents to a supervisor's recent call for Riverside County to join an effort to overturn the state's medical marijuana law are lining up.

Medical marijuana advocates were joined Thursday by Supervisor Bob Buster in publicly disagreeing with Supervisor Jeff Stone, who earlier this week stated that he believes the county should join San Diego and San Bernardino counties in suing the state over the 9-year-old "Compassionate Use Act."

Approved by 55 percent of the voters in 1996, the law ---- Proposition 215 ---- allows the "seriously ill" to obtain and use marijuana for medicinal purposes. Stone, a pharmacist, argues the state is flouting federal laws that make marijuana an illegal drug.

But Buster said the county would be overstepping its duties and wasting taxpayer money by spending thousands of dollars in legal fees if it jumped on board with the challenge. The county is not in a position to question what the voters of California have decided they want, he said.

"We don't represent state voters who voted for this thing," he said. "I do not support it from a humanitarian standpoint nor do I think it's really any of the board's business to attempt (to challenge the law). I think it's well out of our jurisdiction."

The money the county would spend on the suit would best be used on other drug programs, Buster said.

Lanny Swerdlow, director of the Palm Springs-based Marijuana Anti-Prohibition Project, denounced Stone's call for Riverside to join the two other counties in challenging the medical marijuana law.

Californians have made it clear, he said, that they approve of the use of marijuana for medicinal purposes.

"This is not only what the people of the state want, this is what the Constitution of the state of California requires," Swerdlow said. "For a local supervisor to advocate the use of taxpayers' money to file a suit that would allow the federal government to overrule state and local governments on what is best for their own citizens is mind-boggling."

San Diego County officials filed their suit in U.S. District Court on Jan. 20, but withdrew it Thursday and filed it instead in San Diego Superior Court. If the case were to go to the district court, it would likely move on to the Ninth Circuit Court of Appeals, a court the county's lawyers said they want to avoid because it has been more friendly to medical marijuana.

The suit, which is believed to be the first that seeks to overturn any of the medical marijuana laws approved by voters in 11 states, argues that any state laws should bow to federal laws that make all marijuana use illegal. It cites Article VI of the U.S. Constitution ---- known as the Supremacy Clause ---- which makes the Constitution and federal laws "the supreme law of the land."

San Diego County supervisors have said they think the state is asking them to break federal law by forcing them to issue identification cards that prevent medical marijuana users from being arrested.

It appears the counties have a tough legal battle ahead of them.

According to David B. Cruz, a constitutional law professor at the University of Southern California, the courts have already ruled that counties can't raise this kind of challenge.

And, he said, the Ninth Circuit Court has ruled that doctors are not breaking federal laws if they recommend to patients that they use marijuana.

"So it is fairly clear that issuance of the identification card that memorializes such a recommendation would not violate state law," he said. "If the federal government lacks either the resources or the political commitment to prosecute bona fide users of medical marijuana under California's compassionate use law, then in practice there would be no problem with California's doing what the voters have authorized."

Source: North County Times (CA)
Author: Jose Carvajal, Staff Writer
Published: February 03, 2006
Copyright: 2006 North County Times
Contact: letters@nctimes.com
Website: http://www.nctimes.com/

Related Articles:

County Moves Marijuana Challenge To State Court
http://cannabisnews.com/news/thread21558.shtml

County To Mull Joining Medical Marijuana Suit
http://cannabisnews.com/news/thread21554.shtml

San Bernardino Joins SD County MJ Lawsuit
http://cannabisnews.com/news/thread21519.shtml


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Comment #9 posted by FoM on February 03, 2006 at 09:41:49 PT
museman
I'll play it over the weekend to help trouble shoot this for you. I've had problems where music I tried to embed worked for me but it didn't on other folks computers. I always have good luck with Windows Media Player. Quicktime or Real Video buffers all the time for me. I use IE and have a XP computer if that helps you out to know.

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Comment #8 posted by museman on February 03, 2006 at 09:29:36 PT
video
I don't know what is wrong, the video plays fine on all my machines, but I do know that a slow machine with a slow connection might have some trouble. The file that needs to be downloaded is about 240 MB, so if you don't let it download-there is a meter in the playback bar- it will stop. Jerry , your machine might have to refresh the page to get it. If Nobody but me can see the whole thing, then I am back to square one. I guess I'll go for windows media next time.

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Comment #7 posted by FoM on February 03, 2006 at 09:06:05 PT
runruff
I didn't time the video but I will try to watch it again this weekend and I will let you know how long it plays.

[ Post Comment ]
 
Comment #6 posted by runruff on February 03, 2006 at 08:49:34 PT:

Video
FoM,

I could only watch the first 30 minutes. Maybe Museman did't have enough space for the whole hour. Maybe something went wrong? I'm sure he will get any bugs worked out and you will see the whole thing. I would love for you to see Richard Davis' Hemp Museum. Otherwise I'm am thrilled!

Peace and freedom

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Comment #5 posted by Storm Crow on February 03, 2006 at 08:46:43 PT
Recall these idiots
(I wanted to call them something besides "idiots", but I'll be nice)"We don't represent state voters who voted on this thing." Someone needs to break it to him, that San Diego is part of the state of California and 55% of those who voted said yes to MMJ. If I still lived in San Diego, I'd be at every meeting, calling for the recall of these idiots.

[ Post Comment ]
 
Comment #4 posted by FoM on February 03, 2006 at 08:09:49 PT
Runruff
We watched it on museman's page. It really is good.

http://www.terryhubbard.com/Let/LetMyPeopleGrow.html

[ Post Comment ]

 
Comment #3 posted by runruff on February 03, 2006 at 08:01:50 PT:

Thank you FoM and Stick.
Where did you see my video. Do you have dvd or did you see it on line? I'm glad you enjoyed it. I made the whole thing on a budget of $4.20.

[ Post Comment ]
 
Comment #2 posted by lombar on February 03, 2006 at 08:00:42 PT
OT - Irish Poll
Not without me lucky budz.. ;) We could sure use the 'luck of the irish'.

Should cannabis be legalised in Ireland?

http://www.irishhealth.com/

[ Post Comment ]

 
Comment #1 posted by Duzt on February 03, 2006 at 07:37:25 PT
10th amendment was written for this situation.....
"San Diego County officials filed their suit in U.S. District Court on Jan. 20, but withdrew it Thursday and filed it instead in San Diego Superior Court. If the case were to go to the district court, it would likely move on to the Ninth Circuit Court of Appeals, a court the county's lawyers said they want to avoid because it has been more friendly to medical marijuana."

This comment proves they aren't doing this because the law isn't clear (which it is), they are doing this purely because they don't like it and don't want to follow the law. These people's job is to represent their constituentns and protect us from the government. For them to say they don't want to go in front of the federal court is crazy. This is exactly why the 10th amendment was written in the Bill of Rights and why it is so important. This country is crazy, people in power follow only those laws that are convenient for them, no reason for me to follow any either.



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