|
|
| Patients Say They'll Appeal To County Over MMJ Law |
|
Posted by CN Staff on December 10, 2006 at 07:39:50 PT By Gig Conaughton, Staff Writer Source: North County Times 
San Diego, CA -- The discussion is set to be held behind closed doors. But at least a couple of local medical marijuana users hope to get a chance Tuesday to try to talk county supervisors out of appealing last week's court decision to throw out the county's controversial bid to overturn California's medical marijuana law."I want to try to appeal to their humanity," Vista resident, business owner, husband, father and spinal cord victim Craig McClain said Friday. "Yes, definitely, I'll be there." Rudy Reyes, a Cedar fire burn victim, said he also planned to come to Tuesday's meeting to speak. "I'm going in next week to say, 'Stop it, we don't need you guys to continue with this, it's an abuse of our tax dollars,' " Reyes said. County supervisors, calling the 1996, voter-approved "Compassionate Use Act" a "bad law" that could promote drug abuse, voted in December 2005 to sue to overturn the law. Last week, the county lost what could be the first round of an extended legal battle that some say could eventually reach the U.S. Supreme Court. The lawsuit has national importance because it is the first time a county has sued to try to overturn any of the medical marijuana laws approved by voters in 11 states. Wednesday, Superior Court Judge William R. Nevitt rejected the county's argument that the Compassionate Use Act ---- which allows seriously ill people to use marijuana with a doctor's recommendation to ease pain and suffering ---- should be pre-empted by federal law. The federal Controlled Substances Act states that grown marijuana has no medicinal value and is illegal, period ---- even though it says synthetically created marijuana, known as Marinol, does have medicinal value and can be prescribed for patients. Nevitt, however, said the county's pre-emption argument failed to recognize that state laws could take precedence over federal laws in some cases. He also said the county failed to prove that California's Compassionate Use act was legally "in conflict" with federal law because federal drug agents could still arrest Californians. On Tuesday, supervisors will meet for the first time since Nevitt's ruling. They are scheduled to talk in closed session about where they go now on the medical marijuana issue, and whether they should appeal. Supervisors have talked little about the case since the lawsuit was filed last year. But they have hinted all along that they would probably appeal. Last week, board Chairman Bill Horn did not return calls after Nevitt's decision, and supervisors in general did not respond three weeks earlier when Nevitt issued a tentative ruling initially dismissing the county's suit. John Sansone, the county's top lawyer, said last week that he felt that Nevitt's ruling was extremely thorough. But he also said that county lawyers still believed in their legal argument, and felt that an appeal could be successful. Sansone said that was what he would advise county board members Tuesday in closed session, but that it was up to them to decide whether to continue the challenge. While McClain and Reyes said they planned to come to Tuesday's meeting to ask the board to drop its challenge, a number of the medical marijuana and legal advocacy groups that have criticized the county's challenge were noncommittal last week. Officials from Americans for Safe Access ---- a group that wants to get the federal government to change its marijuana laws, and which has appeared before supervisors a handful of times over the last year ---- said they were not sure if they would attend, partly because the county's discussion would be in closed session. Officials from San Diego's chapter of the National Organization for the Reform of Marijuana Laws, which was included in the county's lawsuit against the state, could not be reached. David Blair-Loy, an attorney for the American Civil Liberties Union, said Friday that the group wasn't sure if it would send anyone to Tuesday's meeting. However, Blair-Loy said county supervisors were now "obligated" to follow the state law ---- and create the medical marijuana identification cards they refused to a year ago ---- because Judge Nevitt had rejected the county's lawsuit and upheld the Compassionate Use Act. The ACLU sued to "intervene" in the county's lawsuit on behalf of medical marijuana patients like McClain and Reyes, and helped argue against the county's case in court. Blair-Loy said the California Supreme Court ruled in 2004 that county's and cities had to follow state law until ---- and if ---- those laws were found invalid. "Even if they appeal, they're obligated to comply," Blair-Loy said. However, Tom Harron, the county's chief deputy county counsel, disagreed. Harron said Nevitt's ruling was not final until the appeal process ran its course. Meanwhile, patients have said they're anxious for the county to drop its challenge and to recognize "the will of the people" ---- the 56 percent of California's voters who approved the Compassionate Use Act a decade ago. Nearly a year ago, when the county was considering suing to overturn the Compassionate Use Act, Horn likened the county's opposition to the actions of civil rights pioneer Rosa Parks. "I think," Horn said then, "we should challenge this. I look forward to the lawsuit when it happens. If we just celebrated Rosa Parks for standing up against a bad law, I think we ought to stand against bad law." Last week, Reyes rebuked Horn for that comment when he appeared before the board to again demand that they stop. "He was calling himself Rosa Parks," Reyes said Friday. "I told him he was the man who wouldn't give up his seat." Reyes was burned over 75 percent of his body in the 2003 Cedar fire and uses a marijuana tincture as a cream to soothe the burn-exposed nerves on his skin. McClain, whose spine was crushed in a construction-related accident several years ago, smokes marijuana to ease the chronic spasms the accident created, and to reduce his chronic pain enough to sleep. McClain uses a motorized scooter to get around. "If it's closed session," McClain said of the supervisors' discussion, "I can try to be there as they come walking in and ask them to please reconsider their position." Complete Title: Patients Say They'll Appeal To County Over Medical Marijuana Law Source: North County Times (Escondido, CA) Related Articles & Web Site: Americans For Safe Access S.D. Judge Hands Victory To MMJ Advocates Judge Rejects Counties' Challenge To MMJ Law Home Comment Email Register Recent Comments Help |
 |
| Comment #34 posted by FoM on December 11, 2006 at 09:49:04 PT |
| I bet a cow would like it if she only had to lay and egg instead of push out a calf. LOL! [ Post Comment ] |
| Comment #33 posted by Hope on December 11, 2006 at 09:48:47 PT |
| "He was calling himself Rosa Parks," Reyes said Friday. "I told him he was the man who wouldn't give up his seat." So very, very true. [ Post Comment ] |
| Comment #32 posted by FoM on December 11, 2006 at 09:48:02 PT |
| You really must like bread. I did that years ago when I was in church until we had so much going that we all got sick of it and stopped. [ Post Comment ] |
| Comment #31 posted by Hope on December 11, 2006 at 09:47:10 PT |
| Here in California the cows are so damn happy you don't know what you'll get. [ Post Comment ] |
| Comment #30 posted by FoM on December 11, 2006 at 09:46:23 PT |
| That was cute. [ Post Comment ] |
| Comment #29 posted by Hope on December 11, 2006 at 09:46:14 PT |
| That made me laugh. Thanks. I needed that. [ Post Comment ] |
| Comment #28 posted by whig on December 11, 2006 at 09:44:47 PT |
| Flour, water, honey, oil, sea salt and herbs. Don't add yeast. Let it sit uncovered at room temperature. Every day discard half the mix, and add sufficient quantities of the same ingredients to bring it back to level. Always give fresh herbs every feeding. When you have a fermented smell and bubbles, you have a starter. You can refrigerate starter (covered loosely to prevent contamination but allowing some air exchange for it to breathe) which will let you do feedings weekly instead of every day. To make bread, proof your starter -- take it out of the fridge, feed it well and let it sit until it is is sufficiently bubbly, then divide it and put a portion back in the refrigerator, using the remainder to leaven your loaf. Add more flour and knead it until you have a good texture. Let it rise in a warm place. Knead it again and shape a loaf. let it rise a second time. Put risen loaf in cool oven and set heat to 350 deg F. Do not preheat. Take it out in 30 minutes and it should be done baking. Turn the baked loaf upside down to cool for one hour. Share and enjoy. [ Post Comment ] |
| Comment #27 posted by Truth on December 11, 2006 at 09:43:00 PT |
| well, you know. I was born in Texas. We could blame it on that. : ) Here in California the cows are so damn happy you don't know what you'll get. [ Post Comment ] |
| Comment #26 posted by Hope on December 11, 2006 at 09:38:06 PT |
| "Neither Martha my lovely wife, or myself eat dairy except for eggs." You got some strange cows in your neck of the woods, Truth! [ Post Comment ] |
| Comment #25 posted by whig on December 11, 2006 at 09:34:50 PT |
| What is worse than imprisonment is being made to walk the earth like OJ, disgraced so far that none will take his dirty blood money or be contaminated by it. [ Post Comment ] |
| Comment #24 posted by Truth on December 11, 2006 at 09:34:11 PT |
| whig, Neither Martha my lovely wife, or myself eat dairy except for eggs. Do you have a bread recipe that you could post here for us? We do eat honey. [ Post Comment ] |
| Comment #23 posted by doc james on December 11, 2006 at 07:08:13 PT |
| my soil is already seeded and yes, they will produce beautiful fragrant flowers. overgrow the government........free weed, imprison bush. [ Post Comment ] |
|
Comment #22 posted by Fight_4_freedom on December 10, 2006 at 22:00:05 PT:
|
| I think they did a good job of showing how ridiculous the war on drugs really is. Now I shall relay this video to the myspace world. [ Post Comment ] |
| Comment #21 posted by rafael on December 10, 2006 at 18:47:29 PT |
| I don´t know if anyone here is familiar with the program Penn and Teller Bullshit.. I was searching for videos about the WOD and found an episode of their show (from 2004) that they dedicated to this subject... Although I didn´t like some things they say (like calling people that smoke MJ idiots), they did say they think people should be able to do what they think if best for them, and anyway I think they´re entitled to their opinion, but despite that, the show is pretty good in exposing the lies of the prohibs.. there´s even some familiar faces on the show! here´s a link: http://video.google.com/videoplay?docid=-3653114296815352489 [ Post Comment ] |
| Comment #20 posted by global_warming on December 10, 2006 at 17:14:09 PT |
| those hostiges, can they have some some hot pancakes? Glory To The Highest, that throne, at the lonely cross, [ Post Comment ] |
| Comment #19 posted by whig on December 10, 2006 at 16:25:20 PT |
| Yes, the honey makes a big difference, because it is an emulsifier of oil and water. I cannot enter the prisons, can you free the hostages? [ Post Comment ] |
| Comment #18 posted by global_warming on December 10, 2006 at 16:15:47 PT |
| really make your difference? too many human beings are in prison can you help? [ Post Comment ] |
| Comment #17 posted by whig on December 10, 2006 at 15:56:17 PT |
| The only animal product thus far which I feed to my starter is honey, though milk is part of the friendship cakes which are made by some (but I have not experienced those). I do have some gas if I consume too much milk, especially when it is warm. Small amounts do not seem to bother me, as a cream for coffee or iced for dessert. The pancakes were delicious. My next bread making will be Wednesday. Am I ready? I should be by now, and Thursday it will be shared and taught. Is your soil good for seeding? Will you plant a flower? [ Post Comment ] |
| Comment #16 posted by global_warming on December 10, 2006 at 15:35:22 PT |
| and intolerence can you digest this place ? Hail Freedom [ Post Comment ] |
| Comment #15 posted by Dankhank on December 10, 2006 at 14:21:20 PT |
| moves on ... [ Post Comment ] |
| Comment #14 posted by global_warming on December 10, 2006 at 14:08:48 PT |
| do you have the key' there is one night sky one true justice [ Post Comment ] |
| Comment #13 posted by global_warming on December 10, 2006 at 13:50:16 PT |
| your pancakes ? are you ready? to look into her eyes? Hail Freedom [ Post Comment ] |
| Comment #12 posted by whig on December 10, 2006 at 13:44:39 PT |
| I made pancakes today. Half of the starter, with a squirt of honey and some olive oil. The other half got fed normally. [ Post Comment ] |
| Comment #11 posted by global_warming on December 10, 2006 at 13:19:31 PT |
| looked into some mirror did you see your face? [ Post Comment ] |
| Comment #10 posted by global_warming on December 10, 2006 at 13:03:11 PT |
| whigger, digest your place, it is time for to gather and understand [ Post Comment ] |
| Comment #9 posted by whig on December 10, 2006 at 12:54:22 PT |
| It's one o'clock and time for lunch. Dum de dum de dum. [ Post Comment ] |
| Comment #8 posted by global_warming on December 10, 2006 at 12:52:44 PT |
| the baker report about the war in iraq, the war on people here in this USA has reached into the heart and soul of this america, it is time [ Post Comment ] |
| Comment #7 posted by global_warming on December 10, 2006 at 12:32:58 PT |
| i see you hiding behind corrupt justice' When you think it is time to vote, consider, do you vote? Do you really can vote? [ Post Comment ] |
| Comment #6 posted by global_warming on December 10, 2006 at 12:08:30 PT |
| can you look into his mothers eye? [ Post Comment ] |
| Comment #5 posted by global_warming on December 10, 2006 at 11:46:34 PT |
| in this place? [ Post Comment ] |
| Comment #4 posted by global_warming on December 10, 2006 at 11:29:31 PT |
| that man called Craig McClain will stand up from his wheel chair and slap you in your childish face, and that slap will not only humiliate you, it will send electrical sparks, sparks, that will light some forgotten corner of your useless soul. I pray that 'that some day is today. It is Time. [ Post Comment ] |
| Comment #3 posted by global_warming on December 10, 2006 at 10:46:42 PT |
| They may be "cognitively challenged", but you can bet they are "high" on drug abuse prohibition. ..The federal Controlled Substances Act states that grown marijuana has no medicinal value and is illegal, period ---... Is there some chance that the above statement could be wrong? Have you ever thought that this headlong rush to punish users of cannabis just might be wrong? Do be careful you don't throw out the baby with the bathwater. [ Post Comment ] |
|
Comment #2 posted by kaptinemo on December 10, 2006 at 09:00:19 PT:
|
| Jeez, most kids learn real quick when that happens not to transgress again. It would seem the San Diego Supervisors are rather, um, er,....cognitively challenged...I suppose? Given that the County's taxpayers are footing the bill for this idiocy (as it seems all taxpayers are doomed to until they get wise and throw the profligate officials out on their bums) I wonder how high the tab will be this time? [ Post Comment ] |
| Comment #1 posted by Wayne on December 10, 2006 at 08:34:42 PT |
| '"He was calling himself Rosa Parks," Reyes said Friday. "I told him he was the man who wouldn't give up his seat."' Nice comeback, I like that. Someone should ask the NAACP how they feel about that comparison. I can see it now: "You call yourself Rosa Parks. We knew Rosa Parks, and you sir, are NO Rosa Parks!" [ Post Comment ] |
| Post Comment |  |
 |  |