County To Sue To Overturn Medical Marijuana Law

County To Sue To Overturn Medical Marijuana Law
Posted by CN Staff on December 07, 2005 at 09:35:13 PT
By Gig Conaughton, Staff Writer
Source: North County Times
San Diego, CA -- County supervisors decided behind closed doors Tuesday to sue to try to overturn California's 9-year-old medical marijuana law ---- the "Compassionate Use" initiative in which voters statewide said it was OK for seriously ill people to use marijuana to ease their pain.Supervisors announced last month they would sue the state because they did not want to create registries and identification cards to help medical marijuana users. But they left open the question of whether they would try to overturn Proposition 215, the Compassionate Use Act.
On Tuesday, the board made it official, voting 4-0, with Supervisor Ron Roberts absent, to challenge the initiative."It just seemed logical to us," Supervisor Bill Horn said Tuesday afternoon. "Why Mickey Mouse around about it?"Horn and other supervisors have said repeatedly that they think Prop. 215 is a "bad law," and that supporting it would tell children that marijuana was OK, and would increase drug abuse.But the board will officially try to overturn the initiative on the grounds that the state's proposition should be superseded by federal law ---- which considers marijuana illegal. John Sansone, the county's lead attorney, said the suits would be filed in federal court sometime this month, and that the challenge could eventually reach the U.S. Supreme Court.Although 11 states have passed medical marijuana laws, the federal government still categorizes marijuana as a "Schedule 1" drug ---- meaning that it has no recognized medical value, putting it in the same classification as heroin, mescaline and LSD.Ironically, the federal Food and Drug Administration has ruled that the active ingredient in marijuana ---- tetrahydrocannabinol, or "THC" ---- has medicinal value and allows it to be sold as a prescription drug, but only if it is produced synthetically, rather than grown.California voters, meanwhile, voted by 55 percent in 1996 to allow people with serious or chronic diseases, with a doctor's recommendation, to grow or use marijuana to ease pain and other ailments.San Diego-area nurse practitioner Claudia Little is on the medical advisory board of Americans for Safe Access, a national organization in support of medical marijuana patients. A month ago, Little and others pleaded with the county not to challenge the state's request that it create a registry for medical marijuana users.Tuesday night, reached at home, Little sighed heavily upon learning that the county was planning to take the state to court over the voter-approved law itself."It's totally political," Little said. "The population is in favor of medical marijuana. The politicians are so far behind the curve here, it's ridiculous. The politicians aren't representing the people, they are just representing a handful of outspoken opponents."Some of those who pleaded with county supervisors to reconsider their decision to challenge the medical marijuana issue in recent weeks said they were mothers, grandmothers, military veterans and other upstanding citizens who found that marijuana helped them where popular prescription drugs failed.Marijuana has been known to reduce eye pressure in glaucoma cases. And proponents have said it has been known to increase appetites of cancer and AIDS patients, and to ease pain in many chronic diseases.Horn, however, said supervisors believe the federal government's stance ---- that grown marijuana has no medical value and should be illegal ---- is right.Now, they need a court's ruling."We need a federal judge to tell us, 'Yes, you do this (state law),' or 'No, you don't,' " Horn said.Staff writer Teri Figueroa contributed to this story. Source: North County Times (CA)Author: Gig Conaughton, Staff WriterPublished: Tuesday, December 6, 2005 Copyright: 2005 North County Times Contact: editor nctimes.comWebsite: Article:County To Sue State Over Marijuana Laws Medical Marijuana Archives
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Comment #17 posted by siege on December 08, 2005 at 07:59:45 PT
Kap; I'm playing the devil here
Proposition 215 was to the state and the state was to get the Fed. into it, and they have not so what if we,, Let the people think we the County supervisors are foolish, by 
suing to overturn Proposition 215...this would keep the Fed off there back, and help them to win the hole thing.
So they have slipped in the back door, but still look good to the fed. and after they are in (they say it was to get it into court), and they are voted back in to office. eigher way they win win. If they play it right...
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Comment #16 posted by potpal on December 08, 2005 at 07:20:47 PT
In front of their offices would be a good place to do some. Activists, medics, and those using the herb...Like to see the LTEs that follow. (And I'm sure FoM will see to it that we do!) The exposure will benefit the movement. A chance to educate on the truth of the matter and irradicate the lies and decent.
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Comment #15 posted by mayan on December 07, 2005 at 17:57:36 PT
They Think? Not!
Horn and other supervisors have said repeatedly that they think Prop. 215 is a "bad law," and that supporting it would tell children that marijuana was OK, and would increase drug abuse.It's amazing how these arrogant freeloaders can use the taxpayer's money to decide that the laws passed by those very taxpayers are bad laws. Incredible!!! These "supervisors" should resign their positions immediately or be recalled.Has cannabis use among California children increased in the nine years since 215 passed? NO! Their fears are unfounded and will be exposed in court along with their lies.
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Comment #14 posted by FoM on December 07, 2005 at 14:20:10 PT
It has been a bad year for medical marijuana but it's ok because we haven't come this far to quit now and they know it. We have so many serious problems going on in our country that change will take even more effort. I've watched the movement grow and work hard for change. We aren't a scattered group of people anymore. We all are aware of everything that is happening and that makes us a force to reckon with I believe.Happy Holidays to you.
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Comment #13 posted by Taylor121 on December 07, 2005 at 14:10:17 PT
FoM thanks for the update on NM
It was really disappointing when the bill didn't pass this past session due to political reasons when it had so much support. I hope it makes it through.The Rhode Island governor didn't help matters either this year. It's been a rough year for medicinal marijuana, at least we got the city initiatives to pass in Michigan.
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Comment #12 posted by kaptinemo on December 07, 2005 at 13:50:17 PT:
(Raucous laughter) Okay, bring it on!
So, they want to have a court case? One in which all the information prohibitionists have tried to suppress and keep out of the public's eyes for decades would be laid bare? One in which *prohibition, itself* could be put on trial by a clever lawyer armed with the facts? How foolish are they? Evidently, *very* foolish. This could backfire, not only for the deluded county supervisors but *all* prohibitionists at *every* level of government. If I lived there, I'd pay good money for a seat at the trial. These guys remind me of an old Carol Burnett show skit lampooning Western cowboy movies with Harvey Korman as a demented bad guy in a black hat who threatens to blow his own brains out if his potential victims don't do what he wants. With this dumb move, the 'supervisors' have already done roughly the same; they've committed political suicide. I doubt many will show up for the subsequent 'funeral'...
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Comment #11 posted by legalizeit on December 07, 2005 at 13:12:21 PT
America's Finest City - PEH!
I read somewhere that the Chamber of Commerce decided to no longer refer to SD as "America's Finest City". Even San Bernardino, far from being America's finest city, doesn't have near the scandals and corruption going on that San Diego has!I'm not proud to live in the San Bernardino area, but I sure am glad that I decided not to stick around San Diego after my military tour was up in the late 80s.I agree - Tar and feather the fascist, drug war loving b st rds! The people have spoken, and last I checked we were still a democratic republic, so the elected officials are obligated to respect the will of the people when initiatives are put to public vote.What's so hard about letting sick people have medicine they need? And forget the "sending the wrong message" crap - you idiot drug warriors have been sending wrong messages ever since Anslinger started Reefer Madness. Just sit down, shut up and allow the infirm to safely procure their medicine.
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Comment #10 posted by dongenero on December 07, 2005 at 11:57:17 PT
we'll overturn your law...and you're paying
Do you suppose the County Board and the county's lead attorney took up a personal collection to fund their crusade?Or, do you suppose they are using the tax payers dollars to try and overturn the will of those same voters?!!Hmmm.....there was a day when folks would break out the tar and feathers, have a little ceremony and then run them out of town. Arrogant pr**cks.
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Comment #9 posted by FoM on December 07, 2005 at 11:43:35 PT
Press Release from The Drug Policy Alliance
Our Only Chance for Compassion - New Mexico Medical Marijuana Bill***December 7, 2005Our campaign to protect seriously ill people who benefit from medical marijuana is marching forward. You may remember that in the 2005 legislative session we came closer than ever before. Now, with your help, we have a chance to secure legal access to medical marijuana in less than six weeks!Take Action Now: week, the Courts, Corrections, and Justice Interim Legislative Committee endorsed the bill that would protect patients who need this medicine, their caregivers, and their physicians. This was a tremendous victory for our campaign, and the legislators in this interim committee will be writing a letter to Governor Bill Richardson to ask him to put medical marijuana on his "call." You see, in even-numbered years, the legislature may only consider: 1) budgetary matters; 2) bills vetoed by the Governor in the last regular session; or 3) bills drawn pursuant to messages of the Governor. Legal access to medical marijuana fits in this last category. As you know, the Governor stood up for compassion during the last legislative session and stated that he would sign the bill on several occasions.Governor Richardson must issue a message in order for this lifesaving legislation to be considered in the thirty-day session that starts on January 17, 2006.That's where you come in. We need your help. Please take action now, and ask the Governor to issue a message that will allow medical marijuana legislation to be introduced.It only takes two minutes to send a message that will afford relief to patients around the state. You will be joining with thousands of others who believe that this legislation should pass in 2006.Your voice will make a difference, and will also support the voices of the interim legslative committee who demand compassion in New Mexico for our most vulnerable. Don't delay, send a letter now, and urge your friends to join you.Finally, I want to invite you to a special event this Saturday:WHAT:  Waiting to Inhale
WHERE: Santa Fe Film Festival, Center for Contemporary Arts, 1050 Old Pecos Trail, Santa Fe, NM 87505
WHEN:  Thurs, Dec 8, 2005 at 10:00 pm. and Sat, Dec 10, 2005, at 2:30 p.m.This is the first feature length documentary to examine the movement to legalize medical marijuana in the United States and abroad. On Saturday, I will join two patient advocates and the filmmaker, Katherine Covell, in a panel discussion after the screening. I hope to see many of your familiar faces in the audience, and I also hope you can bring a friend who doesn't know a lot about the issue. It will be an afternoon well-spent.Thank you for your work to demonstrate that compassion is a value of the people of New Mexico.
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Comment #8 posted by medicinal toker on December 07, 2005 at 11:32:06 PT
Time for a recall!
The board members who are blatantly disregarding the County's vote for Prop 215 by trying to sue to overturn it should be recalled. What a short-sighted bunch of losers!
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Comment #7 posted by E_Johnson on December 07, 2005 at 11:29:37 PT
They're climbing on a sinking ship
Eventually they will drown.
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Comment #6 posted by Taylor121 on December 07, 2005 at 11:00:41 PT
"It just seemed logical to us," Supervisor Bill Horn said Tuesday afternoon. "Why Mickey Mouse around about it?"I wonder where he got this idea that using tax payer dollars on a worthless venture that is sure to fail is logical or rational. 
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Comment #5 posted by Dr Ganj on December 07, 2005 at 10:48:00 PT
San Diego Supervisors Want What?
Interesting it has taken nine years before some ignorant county supervisors from San Diego decided to try and nullify Prop 215. It clearly won't work, as I'm sure some very bright legal scholars have deduced many years ago.
Furthermore, in Holland-where marijuana is sold in coffee shops all across their country has a LOWER consumption rate amongst its citizens than the US.
These mean, ignorant, and callous supervisors should be ashamed to try and thwart to will of the voters of California. They should relocate to N. Korea where this type of mentality is embraced.
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Comment #4 posted by Truth on December 07, 2005 at 10:40:52 PT
One small step for Horn
One giant leap backwards for mankind.sheesh
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Comment #3 posted by sam adams on December 07, 2005 at 10:12:53 PT
Who's paying?
I didn't know much about San Diego until recently - apparently it's one of the most corrupt cities in the United States, and has been for decades.This action shows that something is clearly broken down - this is a totally futile gesture that will probably hundreds of taxpayer money before it's over. Well, I guess if the people are satisfied with their Council and don't bother to vote them out or control them, they deserve what they get.Even if I hated medical marijuana, I'd still be furious with Horn. He's raising his middle finger toward all his neighbors, and stealing out of their wallets at the same time. What's happening in this country? How can we be letting people like this - a common criminal - rule us?
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Comment #2 posted by boballen1313 on December 07, 2005 at 10:09:25 PT:
When its time for the prohibitionists to "suck it up" because the law has been CHANGED, it seems quite impossible for bureaucracy to sober up and follow the bloody LAW! The prohibition cannaphobiasts seem quite unable to get their very sober (except whiskey and nic} minds around reality. If this is an example of living the clean and sober life, I reckon clean and sober has a large "stupid" factor running down its yellow backside. I hate fascist bureaucrats with a obsessive compulsive nanny syndrome. Let's dump as many of these brutes as possible in 2006!
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Comment #1 posted by FoM on December 07, 2005 at 09:37:54 PT
News Brief from The Associated Press
Modesto Medical Marijuana Shop Closed***December 7, 2005(AP) MODESTO -- Medical marijuana users in Modesto are angry at the city council's decision to close a shop that fills their prescriptions. The council voted unanimously yesterday to ban businesses that sell marijuana to medical marijuana patients. A store called California Healthcare Collective has been ordered to shut down by Modesto officials by July 14th. Store manager Luke Skarmozzo says the business will fight the council vote.Copyright: 2005 The Associated Press
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