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  County: Ruling on Pot Lacking
Posted by CN Staff on December 11, 2006 at 07:10:03 PT
By Corinne Reilly 
Source: Merced Sun-Star  

medical California -- Merced County officials say a state judge's ruling against the county upholding California's medical marijuana law is inadequate.

County officials haven't decided whether to appeal the recent ruling, but said in a brief statement issued by the Board of Supervisors on Thursday that the decision "doesn't fully address" whether the county should comply with state or federal marijuana laws.

San Diego Superior Court Judge William R. Nevitt, Jr. ruled Wednesday against Merced and two other counties when he refused to overturn California's law permitting medicinal uses of the drug.

The counties argued that because federal law prohibits all uses of the drug, counties shouldn't be held to the state law that requires them to accommodate medical marijuana users by issuing them identification cards.

Nevitt's ruling said counties would not be breaking federal law by issuing the identification cards, but it didn't go so far as to force the counties to issue them.

County officials say the board will meet in closed session Tuesday to discuss whether they'll appeal the ruling.

Members of the Board of Supervisors and county attorneys declined to comment further.

The county joined the lawsuit, along with San Diego and San Bernadino counties, earlier this year after repeated pleas from Merced resident Grant Wilson to implement a program to issue identification cards for medical marijuana users.

Wilson, who suffers from Hepatitis C, was arrested last year after police discovered pot plants growing in his home.

Members of the board said when the county joined the lawsuit that they weren't necessarily seeking to overturn the state law. Rather, the board said it only sought guidance as to which law -- state or federal -- it should follow.

Officials with both San Diego and San Bernadino counties also say they haven't decided whether to appeal, but agreed the ruling failed to provide adequate guidance.

Nevitt's ruling confirmed a provisional decision made in the case in November.

Medical marijuana advocate Aaron Smith of Safe Access Now said the ruling is a victory for patients who rely on marijuana.

"I hope the county will do the right thing, let this ruling stand, and move into compliance with the law," Smith said.

California voters passed the law allowing medical uses of the drug in 1996.

Currently only 23 of California's 58 counties are issuing identification cards, Smith said.

Note: Local leaders wanted judge to clarify which laws, state or federal, to use.

Source: Merced Sun-Star (CA)
Author: Corinne Reilly
Published: December 11, 2006
Copyright: 2006 Merced Sun-Star
Contact: editor@mercedsun-star.com
Website: http://www.mercedsun-star.com/

Related Articles & Web Site:

Americans For Safe Access
http://www.safeaccessnow.org/

Patients Say They'll Appeal To County Over Law
http://cannabisnews.com/news/thread22443.shtml

S.D. Judge Hands Victory To MMJ Advocates
http://cannabisnews.com/news/thread22437.shtml

Judge Rejects Counties' Challenge To MMJ Law
http://cannabisnews.com/news/thread22435.shtml


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Comment #18 posted by FoM on December 12, 2006 at 07:18:33 PT
Gainesville Sun
Merry Christmas to you too. Here is my musical card.

http://www.freedomtoexhale.com/merry.htm

[ Post Comment ]

 
Comment #17 posted by Genthirdday on December 12, 2006 at 07:06:52 PT
Home for Christmas?????
Urge Gov Jeb Bush to Commute Sentence of Pain Patient Richard Paey 850-488-7146 As many already know most of the weight in some combination pain meds includes Tylenol. This weight counted against Richard in his conviction.

Merry Christmas to all at CN. Thank you FoM for your great work. Loved your musical card. Can you post it again. Thanks

[ Post Comment ]
 
Comment #16 posted by Toker00 on December 12, 2006 at 03:21:11 PT
whig
I don't know, whig. Can you imagine this idiot under intense pressure? He would melt like hot glue. He's never had to atone for his Elite-ness, and he would cave in like a bunker under a bunker buster bomb. (That he so loves to use on others of less fortune)

Thanks, FoM.

Toke.

[ Post Comment ]

 
Comment #15 posted by whig on December 12, 2006 at 00:12:12 PT
Toker00
Do you think George Bush is mentally fit to stand trial?

[ Post Comment ]
 
Comment #14 posted by FoM on December 11, 2006 at 21:45:43 PT
Toker00
You got mail.

When I think of who I would want to run in 08 it sure isn't Senator Clinton. I really like Senator Obama. He might not win but I like what he is saying.

[ Post Comment ]

 
Comment #13 posted by The GCW on December 11, 2006 at 21:18:34 PT
Kucinich
I Am pleased Kucinich is running for Prez. again.

Last time, He put in writting that if elected He would legalize cannabis.

[ Post Comment ]

 
Comment #12 posted by Toker00 on December 11, 2006 at 18:45:39 PT
Kucinich
Hilary or Kucinich. Now how long would it take me to make up my mind between those two? That long.

FoM, you have mail at greendale. If you are able to do that for me about the wreath article, tomorrow would be fine. It's late tonight. Thank you, Miss FoM.

Toke.

[ Post Comment ]

 
Comment #11 posted by mayan on December 11, 2006 at 18:21:42 PT
Kucinich
I hope he stays off of small planes or he just migh get "Wellstoned" by the neo-cons.

[ Post Comment ]
 
Comment #10 posted by FoM on December 11, 2006 at 16:52:58 PT
Dankhank
Now they might listen to him when he speaks out about the war. He won in November by a really good margin.

[ Post Comment ]
 
Comment #9 posted by Dankhank on December 11, 2006 at 16:08:33 PT
Department of Peace ... yea ...
he's ba ack ...

http://www.cleveland.com/weblogs/openers/index.ssf?/mtlogs/cleve_openers/archives/2006_12.html#214305

should facilitate some discussions at the national level on many topics generally ignored ...

[ Post Comment ]

 
Comment #8 posted by ekim on December 11, 2006 at 11:47:36 PT
"doesn't fully address" please open this CAN
*Harry J. Anslinger was director of the new Federal Bureau of Narcotics from its inception in 1931 for the next 31 years, and was only forced into retirement in 1962 by President John F. Kennedy after Anslinger tried to censor the publications and publishers of Professor Alfred Lindsmith (The Addict and the Law, Washington Post, 1961) and to blackmail and harass his employer, Indiana University. Anslinger had come under attack for racist remarks as early as 1934 by a U.S. senator from Pennsylvania, Joseph Guffey, for such things as referring to "ginger-colored niggers" in letters circulated to his department heads on FBN stationery.

[ Post Comment ]
 
Comment #7 posted by Dankhank on December 11, 2006 at 10:51:55 PT
Waaaah-mbulance
that's a good one ...

I expect I'll use it a time or two ...

thanx ...

[ Post Comment ]

 
Comment #6 posted by whig on December 11, 2006 at 09:58:17 PT
Somebody call the Waaaaah-mbulance.
Merced County officials say a state judge's ruling against the county upholding California's medical marijuana law is inadequate.

County officials haven't decided whether to appeal the recent ruling, but said in a brief statement issued by the Board of Supervisors on Thursday that the decision "doesn't fully address" whether the county should comply with state or federal marijuana laws.

[ Post Comment ]

 
Comment #5 posted by FoM on December 11, 2006 at 09:57:53 PT
Dankhank
They do forget but with the Internet we will keep reminding them. I bet politicians have had more then one nightmare about the Internet!

[ Post Comment ]
 
Comment #4 posted by Dankhank on December 11, 2006 at 09:50:38 PT
Will O the People?
I asked Ollie North that same question, one time, regarding conservative small-government vs supression of the DC MedMari vote tallying. No answer ...

Politicians pander to all while getting elected, for money, support and position.

Then they get to the capitol, local or federal, and are often heard to say, "Voter's sent me here to vote my consience, politicians shouldn't be beholden to polls."

They ignore the fact that it's how they got elected. appealing to the majority.

Politicians SHOULD be listening to their constituents, should be responding to their voter base.

Alas, when they get there, memory fades, they are caught up, voluntarily, in the crap.



[ Post Comment ]

 
Comment #3 posted by Truth on December 11, 2006 at 09:07:38 PT
What the #@+&?
Aren't these elected officals supposed to represent the will of the voter?

[ Post Comment ]
 
Comment #2 posted by nuevo mexican on December 11, 2006 at 09:03:42 PT
City Councit ignores Judge and will of the people
Anybody know the make-up of thes guys, I think we just voted out the pro Drug Warriors, so this looks like an opportunity to cast doubt on their true intentions, since upholding a judges ruling, and state law, are deemed unnecessary.

False Flag operations exposed with Putin/Spy poisoning, now we know all of the details, the 'provocateurs', and how they work, mafioso-like, with impunity from governments worldwide!

Check out the story, the Neo-Cons will be hanging soon, after that, we can get rid of the Death Penalty, as GCW likes to say, these men are 'self-condemned', back the death penalty, and since we DO have it, it should be used on those who've killed thousands, maimed, crippled and injured even more, and with DU, the death will continue for eons!

December 11, 2006 -- SPECIAL REPORT. Litvinenko poisoning scandal yet another neo-con perverse display of its parallel intelligence structures.

The more confusing the Litvinenko poisoning affair becomes, the more it appears to be yet another example of the dangerous neo-con global network of spies, weapons smugglers, far right-wing politicians, Russian-Israeli mafia businessmen, and Islamic mujaheddin false flag provocateurs. Litvinenko's death from polonium-210 radioactive isotope poisoning has actually helped to cast light on this international network, which has its fingerprints on the false intelligence that propelled the United States into an impending military defeat in Iraq and Afghanistan; the false flag operations of the 9/11 attacks on New York City and Washington; and countless other operations, including political operations in Ukraine, Georgia, and Poland, among other nations. http://www.waynemadsenreport.com/



[ Post Comment ]

 
Comment #1 posted by OverwhelmSam on December 11, 2006 at 07:41:28 PT
Who Voted For These Idiots?
Translation: The judge didn't rule in their favor so they will challenge the ruling.

Who voted for these retarded people in county government anyway? Time to send them home and let them find out personally what it's like to lose their livelyhood.

[ Post Comment ]


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