cannabisnews.com: San Bernardino Joins SD County Marijuana Lawsuit










††San Bernardino Joins SD County Marijuana Lawsuit

Posted by CN Staff on January 25, 2006 at 15:05:52 PT
By Gig Conaughton, Staff Writer †
Source: North County Times †

San Diego, CA -- Following the lead of San Diego County supervisors, the County of San Bernardino has decided to sue to try to overturn California's nine-year-old medical marijuana law, the "Compassionate Use Act."San Bernardino County supervisors voted in closed session Tuesday to file their own lawsuit over the issue, and officials said Wednesday they expect the courts to consolidate the two legal actions.
San Diego officials filed their own precedent-setting lawsuit in U.S. District Court Friday, arguing that the 1996 voter-approved, Compassionate Use Act ---- Proposition 215 ---- should be pre-empted by federal law, which makes all marijuana use illegal and states that the drug has no medicinal value.Bill Horn, chairman of the San Diego County board of supervisors, said Wednesday that he was not surprised that San Bernardino supervisors also decided to sue, and said he thought other counties would follow suit.San Diego County Supervisors have been sharply criticized by local patients who use marijuana to ease pain and by marijuana advocacy groups.On Tuesday, even as San Bernardino supervisors were voting to file their own lawsuit, three groups in San Diego ---- the American Civil Liberties Union, and drug advocacy groups, Americans for Safe Access, and the Drug Policy Alliance ---- said they would ask court permission to oppose San Diego County's suit.ACLU officials said Wednesday that the courts have set a March 13 date to hear the group's arguments that it should be allowed to join the San Diego County lawsuit, and oppose it, on behalf of medical "un-represented" medical marijuana patients.San Diego County's lawsuit cites the U.S. Constitution's "Supremacy Clause," which states that the federal Constitution and federal law should be "supreme," and to a 1961 U.S. treaty with 150 other nations outlawing marijuana as proof that Prop. 215 should be pre-empted by federal law.Ruth Stringer, an assistant county counsel for San Bernardino County, said the county expected to file its lawsuit in the same federal court soon."We'll be filing something similar to what San Diego filed," Stringer said. "They're the same issue."But ACLU attorney Allen Hopper said he expects federal judges to throw out San Diego County's lawsuit before it is ever heard. Hopper and other ACLU officials said previous court rulings have established that counties cannot sue their respective states over federal law.But Horn and other San Diego County officials feel they have sound legal arguments that the courts will favor."I think we have the law on our side," he said. "If (the ACLU) is worried about going to court and the outcome, I think we're on the right track."Complete Title: San Bernardino Joins SD County Medical Marijuana LawsuitSource: North County Times (CA)Author: Gig Conaughton, Staff Writer Published: Wednesday, January 25, 2006Copyright: 2006 North County Times Contact: letters nctimes.comWebsite: http://www.nctimes.com/Related Articles & Web Sites:ACLUhttp://www.aclu.org/Drug Policy Alliancehttp://www.drugpolicy.org/Americans For Safe Accesshttp://www.safeaccessnow.org/County Joins Medical Marijuana Lawsuithttp://cannabisnews.com/news/thread21518.shtmlGroups Want To Oppose County's MMJ Lawsuithttp://cannabisnews.com/news/thread21516.shtmlMarijuana Advocates File Challenge To San Diego http://cannabisnews.com/news/thread21513.shtml

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Comment #28 posted by Toker00 on January 27, 2006 at 10:05:16 PT
The Dems can fight, but they can't lead.
Where the discussion is about the damage done by the WOD, and correcting that issue by ending the WOD, is where my alliance will be. Kerry talks about big OIL being the problem, but will he still be talking this when platform debates heat up? Will the Democrats bring up the issues of job outsourcing during their campaign, and if so, what is their solution? Will "Get out of Iraq and stay out of the Middle East" be their campaign slogan? Will ending Elite rule and returning our rights be a promise? Will ANYONE publicly disclose the corporate conspiracy to keep cannabis off the free market and competition to Korpses out of the way? Will they promise to end the War on a Concept? (Terror) Somehow, I doubt it.So what are we going to vote for again?Cannabis Prohibition prohibits what?Wage peace on war. END CANNABIS PROHBITION NOW!
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Comment #27 posted by FoM on January 26, 2006 at 17:13:26 PT

Mayan
I know that's why I am not into politics. I just like what the Democrats have been doing recently. 
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Comment #26 posted by FoM on January 26, 2006 at 17:11:15 PT

Had Enough 
Thanks but they aren't what I am interested in. They are not into issues that I find are very important. It's really a man's party. They have a lot of anger. 
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Comment #25 posted by mayan on January 26, 2006 at 17:09:06 PT

FoM
Democrats at the state and local level still represent us to a certain degree because the power brokers can't possibly rig all of those elections...at least they haven't yet as far as I know. When the Democrats held the reins for years and had the chance to change things what did they do? They are the lesser of two evils but look where voting for the lesser of two evils has got this country. The RepubliCrats are both pro-war and anti-state's rights. The two-party system is exactly why we are in this mess. Sorry, but I beg to differ. I, like Kap'n, consider myself a Libertarian. I don't mean to speak for you,Kap'n, and forgive me if I'm mistaken about your political affiliation but you are one of the most brilliant,insightful folks on this thing we call the internet,imho. This country is screaming for less government.The RepubliCrats: The Differences between the 2 Major Parties:
http://federalismrevealed.tripod.com/id22.html 
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Comment #24 posted by Had Enough on January 26, 2006 at 17:05:16 PT

FoM
Here is a link for you. You might find some interesting stuff.http://www.lp.org/issues/platform_all.shtml
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Comment #23 posted by FoM on January 26, 2006 at 16:41:10 PT

About Politics
I have seen some pushes for what is good with the Democrats. Gore said Big Oil was behind Harper winning in Canada. Kerry is bucking Alito's nomination. Gore is promoting his movie at Sundance on Global Warming. Other then the Greens the only party that cares about issues that really need to be looked at are Democrats. Drug reform is very important but we have serious concerns outside our issue. I am not a Democrat but I do see them making points I am sensitive to. Most political parties forget women and how they feel but the Democrats are making browny points with me.
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Comment #22 posted by Had Enough on January 26, 2006 at 16:30:14 PT

OverwhelmSam
You got the right idea. Replace current politicians with ones that will listen to common sense and reason. The way to git ur done is thru the threat at the ballot box. The true thing a politician fears is the loss of power and position, one comes with the other.Keep the Faith.Donít forget to Register and Vote!!! Take a friend with you, stop for some Freedom Fries on the way home.

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Comment #21 posted by OverwhelmSam on January 26, 2006 at 16:00:13 PT

The Problem As I See It On the Ground:
We have a lot of dumb people in this country who not only don't care what the government does, but actually support the government because they're afraid of being "unpatriotic." I think they should be more afraid of being "idiotic." Seriously, I talk to these mentally challenged blindly loyal people every day: "I don't mind if the government spies on us." "The government knows what's best for us." Like John Stossell says, "Give me a break." It's like being around deaf mutes (no offense intended toward deaf mutes).The only thing we can do as a culture, is run for every possible office until we're the one's making the decision. After all, the public will support whatever we do. 
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Comment #20 posted by Richard Zuckerman on January 26, 2006 at 14:45:35 PT:

GOVT. REPRESENTING THE PEOPLE?????
Every State Constitution, including the California State Constitution, provides that the government is here to serve the people and that the people have the authority to alter or reform the government when the public good requires it. Now you see why I only vote for Libertarian Party and Green Party candidates, "Spoilers", at every Election!!! I hardly seen how those bringing the lawsuit are serving the people in any constructive way??
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Comment #19 posted by runruff on January 26, 2006 at 13:06:39 PT:

Thank you FoM.
Things are stressful for my wife more than me. We have plenty of friends and realitives that will be here for her but it will still be a great loss for her. This hurts me more than the thought of me having to be locked up myself.
It will be very sad for her not to have me here with her.
The feeling of helplessness not being able to compfort her is really crushing me. Itry to stay with my prayers for compfort as does she.http://www.howardwills.org/prayers.html
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Comment #18 posted by FoM on January 26, 2006 at 11:47:31 PT

runruff 
I have been thinking of you alot lately. With the Kubbys in the news I want you to know that you are in my mind and heart. 
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Comment #17 posted by runruff on January 26, 2006 at 11:40:26 PT:

Porker of the month.
I love this url so much I'm posting it on every blog site I know. Help, help me please. This will be bad for him at election time and will certainly make him feel uneasy to see this news posted all ove the internet. His "people" will no doubt bring it to his attention.Hello everyone, hope you are all having a great day!http://www.cagw.org/site/News2?page=NewsArticle&id=9552I know it's off topic but ya gotta take a look at this. Also Murkowski is trying to change a law ruled on by the Alaska Supreme Court in 1975 protecting Alaskan's rights to privacy. You can e-mail this jerk and tell him what you think about him and his daughter [a senator] and son stealing the company store blind. After all it is all taxpayers money. 
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Comment #16 posted by whig on January 26, 2006 at 08:20:13 PT

siege
Ex parte Milligan. This is undeclared martial law.
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Comment #15 posted by siege on January 26, 2006 at 06:35:12 PT

ot Don't Let Them Spy On Us: Call for a
 Special Counselsend an email to your senators telling them to insist that the Department of Justice appoint a special counsel to investigate and prosecute any and all crimes committed. For extra impact, you can also call the Senate directly athttps://secure.aclu.org/site/Advocacy?id=385&page=UserAction&s_src=aopch

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Comment #14 posted by siege on January 26, 2006 at 06:20:46 PT

 Bush Speech (Edited)
http://video.google.com/videoplay?docid=5752494390378871865&q=bush%2Bedited

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Comment #13 posted by siege on January 26, 2006 at 00:26:09 PT

OT New weapon allows a soldier to zap enemy with 
 New weapon allows a soldier to zap enemy with energy boltBy LISA HOFFMAN, Scripps Howard News Service
January 26, 2006WASHINGTON - A car moves toward a checkpoint in Iraq, and U.S. troops order it to stop. It doesn't. Fearing the vehicle is a suicide bomb waiting to happen, a soldier aims his weapon.Using an invisible ray that travels at the speed of light, the soldier zaps the driver with a bolt of energy that feels like a body-wide bee sting. The beam's punch, which leaves neither a burn nor residual pain, instantly stops the driver. http://www.knoxnews.com/kns/national/article/0,1406,KNS_350_4416249,00.html

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Comment #12 posted by ekim on January 25, 2006 at 20:27:06 PT

Buckley forsaw taking of civil rights 10 years ago
Look -See- Bill Buckley said 10 years ago that if we did not change the drug laws we would face the loss of our civil rights.
Please Mr. Buckley write a ten year follow up on this great prediction of yours.National Review 1996 Feb 12 The War On Drugs Is Lost-Kill It
-Go for legalization
-Free up police, courts
-Reduce crimeBuckley- Nadelmann-Schmoke-
Sweet-McNamara-Szasz-Duke-William F. Buckley, JR. made this statement in 1995 in behalf of the New York Bar Association.I came to the conclusion that the so-called war against drugs was not working, that it would not work absent a change in the structure of the civil rights to which we are accustomed and to which we cling as a -VALUABLE- part of our patrimony. And that therefore if that war against drugs is not working, we should look into what effects the war has, a canvass of the casualties consequent on its failure to work. That consideration encouraged me to weigh utilitarian principles: the Benthamite calculus of pain and pleasure introduced by the illegalization of drugs.

http://www.leap.cc/events
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Comment #11 posted by FoM on January 25, 2006 at 20:17:06 PT

Alaska: Senate Denies Revisions of Drug Bill
 January 25, 2006An effort to strip the marijuana provisions from a bill, which also aims to crack down on the manufacture of methamphetamine, failed in the Senate. House Bill 149 passed by a vote of 18 to 2 Wednesday and now heads to the House floor for concurrence. The measure would make possession of less than 4 ounces of marijuana a misdemeanor. Possession of more than 4 ounces would be a felony. Current law makes it a misdemeanor to possess up to a half-pound of marijuana. However, court decisions over the last 30 years have made it legal to possess up to 4 ounces of marijuana for personal use in the home. Kenai Republican Thomas Wagoner tried to amend the bill saying the legislature should not pass judgment on the recreational use of the drug. But proponents of the measure counter the drug is more potent and more dangerous today than it was in 1975 when the Alaska Supreme Court decriminalized use of small amounts of pot in the home. Copyright: 2006 Clear Channelhttp://www.webcenter11.com/news/local/story.aspx?content_id=D412C27B-4732-44B8-A755-5929458B99E7
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Comment #10 posted by afterburner on January 25, 2006 at 19:34:17 PT

'Shot' across bow of bad ship UNSS Prohibitionist
Single Convention on Narcotic Drugs, 1961 
http://www.incb.org/incb/convention_1961.html
1961 Convention 
http://www.incb.org/pdf/e/conv/convention_1961_en.pdfDoes the Cannabis Plant even belong in this dis-lustrious company? Were the framers of this legal goobledegook just paid goons to bedazzle the lazy politicians of the First, Second & Third World countries? Nixon's unscientific Schedules were domineered unto the constitutions of countries around the world (with only a few rabid prohibitists even taking the time to read the document).Interesting that "Schedule I" includes only cannabis [flowering tops] and cannabis resin [hashish], not leaves and seeds. This so-called treaty, (no matter how bogus in scientific application), includes "reservations" which allow Parties [signatory Countries] to opt out of certain provisions:for example, UK descheduling cannabis from Schedule A to Schedule B to Schedule C [equivalent to Schedule 1 -> 2 -> 3].for example, countries allowing the medical use of flowering tops if it was part of their medical tradition prior to 1961.The San Diego compadres have only one shakey leg to stand on having overstated the "Single Convention on Narcotic Drugs" obligations.San Diego History Timeline
http://www.sandiegohistory.org/timeline/timeline.htm&&&&&&&&Dutch Take Sober Look at Pot Laws 
Posted by CN Staff on January 01, 2006 at 07:12:33 PT
By Ken Dilanian, Inquirer Staff Writer 
Source: Philadelphia Inquirer 
http://www.cannabisnews.com/news/21/thread21429.shtml&&&&&&&&"The road to Zion (love) is not blocked by Babylon (fear)." --One Love Press
http://www.rastaheart.com/
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Comment #9 posted by FoM on January 25, 2006 at 19:24:40 PT

ekim
Thanks for the update. I think the time is different but the rest seems right.
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Comment #8 posted by ekim on January 25, 2006 at 19:05:47 PT

Sundance send your best and most talented to SFO
Steve has notified Border Services that he will be departing Vancouver on Alaska Air flight 688 at 5:47 pm, arriving SFO 8:07 pm. There will be a Vancouver Airport Press Conference and farewell party at 2:00PM. An SFO Press Conference is in the planning. There will also be some sort of public event Thursday evening in San Francisco, Steveís health permitting. Michele Kubby and their two daughters are driving down.
http://www.marijuananews.com
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Comment #7 posted by Had Enough on January 25, 2006 at 18:41:18 PT

CAGW Names Gov. Murkowski Porker of the Month
Another look at Governor Murkowski. Seems he makes impressions on a grand scale.http://www.cagw.org/site/News2?page=NewsArticle&id=9552Time to vote these people out. Their time is up. Tell your politicians how you really feel.

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Comment #6 posted by FoM on January 25, 2006 at 18:38:11 PT

Mayan
I have been following the Sundance Film Festival because of Heart of Gold. Many people who value Neil Young's music will be surprised at this comment but this is how many of us feel now.He said: ďIím looking forward to every day and having a great time, but I just donít have the illusion that everybodyís safe, that Iím safe, and that everybody else is safe. I just donít believe that anymore.Ēhttp://msnbc.msn.com/id/11026555/
Neil Young: Heart of Gold 
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Comment #5 posted by mayan on January 25, 2006 at 18:16:42 PT

Wrong Track
"I think we have the law on our side," he said. "If (the ACLU) is worried about going to court and the outcome, I think we're on the right track."I think the ACLU is worried about the supervisors ignoring the will of the voters that gave them a salary. They are definitely on the wrong track. This just might be a good thing in the long run as prohibitionist supervisors are exposing themselves and will very likely be ousted from their positions. If recall elections are possible then let's do it!Here's an interesting link regarding Alaska. Governor Murkowski should devote his full energy to fixing this mess rather than subverting the Alaska state constitution...
 
Diebold Blocks Alaska Voters From Viewing Election 2004 Results, Data!
http://www.bradblog.com/archives/00002327.htmTHE WAY OUT...Another nuke exercise -- your next 9/11?
http://onlinejournal.com/artman/publish/article_444.shtmlFormer CIA Agent, Author Questions 9/11:
http://www.911truth.org/article.php?story=20060122125115945International Terrorism Does Not Exist - By General Leonid Ivashov:
http://rense.com/general69/ism.htmOxford Union Society: "Was 911 a Conspiracy" -- Former MI5 Agents in UK to Scrutinize Official Narrative:
http://www.911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=802Bin Laden Tape Probably Faked by CIA:
http://www.scoop.co.nz/stories/HL0601/S00167.htm"MAKE NO MISTAKE ABOUT IT" 9/11 WAS AN "INSIDE JOB":
http://www.voxfux.com/archives/00000076.htm
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Comment #4 posted by whig on January 25, 2006 at 16:30:33 PT

potpal - ot
Sorry link didn't work:http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060103/heroinstudy_20060103/20060103?hub=Health
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Comment #3 posted by whig on January 25, 2006 at 16:28:21 PT

potpal - ot
Vancouver seems to be consistently on the leading edge of harm reduction.
Article - Few joining study that offers free heroin
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Comment #2 posted by potpal on January 25, 2006 at 16:15:29 PT

ot ot ot
One more, sorry...http://news.bbc.co.uk/2/hi/uk_news/magazine/4647018.stm
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Comment #1 posted by potpal on January 25, 2006 at 16:06:24 PT

ot ot ot
Right-to-die doctor investigated 
http://news.bbc.co.uk/2/hi/health/4645650.stm Free Jack.
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