cannabisnews.com: Judge Rejects San Diego Challenge To MMJ Law Judge Rejects San Diego Challenge To MMJ Law Posted by CN Staff on November 16, 2006 at 12:17:08 PT By Allison Hoffman, Associated Press Writer Source: Associated Press San Diego, CA -- A state judge on Thursday rejected San Diego County's challenge of California's decade-old law permitting marijuana use for medical purposes.The ruling by Superior Court Judge William R. Nevitt, Jr., was tentative. The county's lawyers will have a chance to convince the judge to change his decision during oral arguments scheduled later Thursday. San Diego County sued the state of California and its health services director in February, saying a federal ban on marijuana use trumps state laws that permit usage of the drug with a physician's approval.Two other California counties, San Bernardino and Merced, joined San Diego as plaintiffs. All three counties have refused to comply with a state requirement that counties issue identification cards for medical marijuana users and maintain a registry of people who apply for the cards.In his ruling, Nevitt agreed with attorneys for the state, who argued that California is entitled to pass its own drug laws and legislate programs that allow marijuana use for medical purposes.Five California patients and caregivers, represented by the American Civil Liberties Union, Americans for Safe Access and other advocacy groups, joined the case on the side of the state. A sixth patient, Pamela Sakuda, who suffered from rectal cancer, died last Friday, said William Dolphin, a spokesman for ASA.Supporters of the law expressed relief."They tried to make California's medical marijuana law null and void, and they lost," said Anjuli Verma, director of advocacy for the ACLU's Drug Law Reform Project.San Diego County Supervisor Bill Horn said he welcomed the clarity of the judge's ruling."All we wanted was guidance from the court telling us where we're at so we don't break any rules and lose any funding," Horn said.He said the county had not considered whether to appeal if the judge affirms his tentative ruling.California's law allows people suffering AIDS, cancer, anorexia, chronic pain, arthritis and migraine and "any other illness for which marijuana provides relief" to grow or possess small amounts of marijuana with a doctor's recommendation.Since California voters passed the law 55 percent approval in 1996, 10 other states have adopted measures protecting qualified patients from prosecution. They are Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington.Last week, voters in South Dakota rejected a ballot measure to permit marijuana use for medical purposes.In 2003, the California Legislature amended the 1996 bill to direct county health departments to issue ID cards to medical marijuana users.Counties, which did not receive money to fulfill the requirement, have been slow to issue ID cards, but San Diego was the first to refuse on legal grounds.Newshawk: Taylor121Source: Associated Press (Wire)Author: Allison Hoffman, Associated Press Writer Published: Thursday, November 16, 2006 Copyright: 2006 Associated Press CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml Home Comment Email Register Recent Comments Help Comment #19 posted by afterburner on November 16, 2006 at 22:03:21 PT 'You Can Salute To Your Flag' And in wiser and kinder times that flag was made of hemp.Sympathies to Pamela Sakuda's family and friends.In Superior Court: so far, so good. Knock on wood. Cross your fingers. Let's not jinx it. [ Post Comment ] Comment #18 posted by global_warming on November 16, 2006 at 16:26:13 PT You Remeber To Pay Your Tax If you have no money to pay your tax, be assured someone will come to your door knocking, look at that face, it is us, it is us, we the people, who come and gather to get better water and food, and a better place to watch, Grace and Understanding. [ Post Comment ] Comment #17 posted by global_warming on November 16, 2006 at 15:43:40 PT And May Blessed Cannabis Balms surround you [ Post Comment ] Comment #16 posted by global_warming on November 16, 2006 at 15:39:42 PT You Can Salute To Your Flag And twice to your GodThere is a door that takes every bodyIn a non-partisan wayEverybody is welcomedEverybody must pass through [ Post Comment ] Comment #15 posted by global_warming on November 16, 2006 at 15:30:39 PT Are You A Witness? Have you seen your place? [ Post Comment ] Comment #14 posted by global_warming on November 16, 2006 at 15:28:28 PT re: that one judge You are the One JudgeFor You Have Witnessed. [ Post Comment ] Comment #13 posted by global_warming on November 16, 2006 at 15:08:57 PT re: was a kind and nice lady, was a kind and nice lady, I had only met her once. Though I never met her and the disease of her flesh has taken her through the vale.I sit here and wonder how many "people", also known as human beings are prepared to enter the portal?There is so much that 'we the people do not know or understand.One judge has been quoted in the above article, and the plaintiff was happy with some direction, yet the meat is on the fire and the fat fuels the flare ups.For every broken heart and every soul who lives in prison, I salute you, as 'we the people come to bring Justice and Freedom. [ Post Comment ] Comment #12 posted by Graehstone on November 16, 2006 at 14:19:01 PT We won this round ... but again at a cost. Pamela was a kind and nice lady, I had only met her once at one of the ASA meetings here but she still leaves a hole. http://www.safeaccessnow.org/downloads/san_diego_small.mov She is the Asian lady in our local ASA commercial. [ Post Comment ] Comment #11 posted by kaptinemo on November 16, 2006 at 14:09:22 PT Caught with their hands in the fascism jar San Diego County Supervisor Bill Horn said he welcomed the clarity of the judge's ruling."All we wanted was guidance from the court telling us where we're at so we don't break any rules and lose any funding," Horn said.Someone get a fire extinguisher and call the EMT's; Mr. Horn's pants are fully involved in a 3-alarm fire.The rationale behind this wholly frivolous and wasteful lawsuit has nothing to do with concern for the welfare of their paymasters, the public; it has everything to do with elected officials believeing themselves somehow to be superior to those who entrusted them to carry out the will of the people.Their actions proved one thing conclusively: their utter contempt for the very democratic system - and those for whom it is to serve! - that they were sworn to uphold. The people spoke with Prop215...and these supervisors thought, with Olympian disdain, that they would over-ride that decision. There's a name for that: authoritarianism. Otherwise known by its' less palatable moniker: fascism.After these would-be kings get their drubbing in court, a much more serious one should be waiting for them for their arrogance, one that involves a tar bath, a feather rinse and a one-way ticket out of town on a rail. And they should be glad that they don't live in other countries: some places I've lived in a lot worse would have happened. Those people in those countries had had the Nazi jackboot applied to their necks and it left a permanent, almost reflexive reaction against such behavior on the part of their officials. Reactions that could and on occasion have resulted in violence against those officials who forgot the lesson.The San Diego supervisors don't know how lucky they are to live in this country...and with their anti-democratic antics, it's evident they take their good fortune for granted. They should be made to see the error of their ways for their effrontery by being pitched out on their buts via impeachment. [ Post Comment ] Comment #10 posted by FoM on November 16, 2006 at 13:26:02 PT Taylor121 Thank you. I try to be. [ Post Comment ] Comment #9 posted by Taylor121 on November 16, 2006 at 13:19:18 PT Thanks You're a very kind lady :) [ Post Comment ] Comment #8 posted by FoM on November 16, 2006 at 13:18:10 PT Taylor121 No problem. That is easy for me to fix. [ Post Comment ] Comment #7 posted by Taylor121 on November 16, 2006 at 13:11:47 PT sorry I didn't mean to double post FoM. [ Post Comment ] Comment #5 posted by Taylor121 on November 16, 2006 at 13:05:03 PT Clarification I'm under no illusions to think that marijuana is going to cure everyone from their particular illness. I'm saying that for some patients, marijuana can mean the difference between having an appetite and not having one, or living in pain or not living in pain. Sub populations of patients benefit from marijuana more than any other medication for particular conditions, yet we deny them relief in the vast majority of states and on the Federal level. This all needs to change.We need Congress to support a bill that will allow states to craft their own medical marijuana policies. The FDA cannot be depended on in this case. That body is corrupt.We need Congress to support a bill that would allow states to tax and regulate marijuana without interference. We need Congress to decriminalize marijuana on the Federal level to send a message to states that their criminal penalties are too high.We need states to pass their own medical marijuana bills to protect patients from arrest and prosecution, at least allowing them to possess small amounts of marijuana to help alleviate symptoms from their illness. This in turn provides more support for medical marijuana in Congress. [ Post Comment ] Comment #4 posted by FoM on November 16, 2006 at 13:03:49 PT Judge Rejects County Challenge To MMJ Law SAN DIEGO – A Superior Court judge rejected an argument Thursday from San Diego County that the state medical marijuana laws are illegal because they conflict with federal drug prohibitions. In a tentative ruling, Judge William R. Nevitt Jr., said California laws permitting chronically ill patients to grow and smoke marijuana are voluntary, and as such do not automatically conflict with federals laws banning pot. Snipped:Complete Article: http://www.signonsandiego.com/news/metro/20061116-1247-bn16potlaw.html [ Post Comment ] Comment #3 posted by Taylor121 on November 16, 2006 at 12:59:03 PT There are more victims than just her Let's face it. There are many people suffering right now who could benefit from marijuana and they are living in fear not just from the Federal government, but in 39 states they live in fear of all 3 branches of government.Many of these people are dying, and they are dying a painful and terrible death because they fear that using marijuana could land them in jail. I am sorry for Pamela's death, and I'm sorry for every person that has to suffer so terribly out there. [ Post Comment ] Comment #2 posted by whig on November 16, 2006 at 12:47:57 PT Taylor121 But there was a victim, Pamela Sakuda was one of the patients and she died on Friday of cancer. [ Post Comment ] Comment #1 posted by Taylor121 on November 16, 2006 at 12:45:32 PT This is great news This victory means we haven't lost any ground and California has the legal right to protect patients if they choose to. This lawsuit could have struck a blow to medical marijuana patients by destroying their protection from arrest and prosecution by California Law Enforcement Officers. [ Post Comment ] Post Comment