cannabisnews.com: Tentative Ruling Nixes Challenge To Med Marijuana





Tentative Ruling Nixes Challenge To Med Marijuana
Posted by CN Staff on November 17, 2006 at 06:47:22 PT
By Bob Egelko, Chronicle Staff Writer
Source: San Francisco Chronicle
San Diego, CA -- A judge in San Diego indicated Thursday that he would reject three counties' challenge to California's medical marijuana law, saying the state could enforce a law allowing people to use the drug even if the federal government bans it. Federal officers are free to enforce the U.S. law prohibiting possession and cultivation of marijuana, but that doesn't prohibit California from allowing medical use of the drug under its own law, Superior Court Judge William Nevitt said. The voters did just that when they approved Proposition 215 in 1996. 
The two laws would be in conflict only if California required its residents or officials to do something that specifically was banned by the federal law, Nevitt said. California's decision to allow medicinal use of marijuana doesn't qualify, he said. After issuing his tentative ruling, the judge heard arguments from lawyers for San Diego, Merced and San Bernardino counties, the state and medical marijuana advocates, but did not issue a final decision. A ruling is due within 90 days. Supporters of the medical marijuana law said they were encouraged. "The core issue is nothing less than the integrity of our democratic process,'' said Adam Wolf, a lawyer with the American Civil Liberties Union, which represented patients and doctors. "An overwhelming majority of California voters went to the polls 10 years ago to cast a vote for compassion. ... Three counties are saying they are above the law.'' State Deputy Attorney General Leslie Lopez said Congress, in punishing marijuana use under federal law, never intended to require states to enact identical laws. Thomas Bunton, a senior deputy counsel for San Diego County, said he hoped the judge would change his mind and conclude that the state law interferes with the federal marijuana ban.  Snipped:Complete Article: http://tinyurl.com/yco93nSource: San Francisco Chronicle (CA)Author: Bob Egelko, Chronicle Staff WriterPublished: Friday, November 17, 2006 Copyright: 2006 Hearst Communications Inc.Contact: letters sfchronicle.comWebsite: http://www.sfgate.com/chronicle/Related Article & Web Site:ACLUhttp://www.aclu.org/ Judge Rejects San Diego Challenge To MMJ Lawhttp://cannabisnews.com/news/thread22384.shtmlCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #2 posted by Wayne on November 17, 2006 at 06:58:55 PT
wishing, & hoping,...
"Thomas Bunton, a senior deputy counsel for San Diego County, said he hoped the judge would change his mind and conclude that the state law interferes with the federal marijuana ban."I think the judge was pretty articulate in his finding. I can't see why he would all of a sudden change his mind, save for an act of God or maybe a REALLY big bribe.My mom told me once, when I was in high school: You can hope in one hand and you can s**t in the other one. Guess which one's gonna fill up faster?
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Comment #1 posted by Dankhank on November 17, 2006 at 06:53:32 PT
good decision ...
Seems as if it must be upheld at final writ.Perfectly logical to me ...
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