cannabisnews.com: County To Appeal Pot Ruling





County To Appeal Pot Ruling
Posted by CN Staff on December 21, 2006 at 14:20:49 PT
By Jeff Horwitz, Staff Writer
Source: San Bernardino Sun
California -- San Bernardino County isn't prepared to drop its challenge to state-mandated medical marijuana ID cards. At a meeting Tuesday, the county Board of Supervisors voted to appeal a San Diego court's ruling that issuing the cards did not violate federal narcotics law. The board's decision isn't based on opposition to medicinal uses of the drug, Supervisor Gary Ovitt said after the meeting.
"It's a law issue," he said, adding that it would put sheriff's officials - some of whom may be called upon to enforce both state and federal law - in a difficult position. The board took no position on the health benefits of the drug or the state's voter-approved medical marijuana law, he said. Sheriff Gary Penrod agreed in a written statement issued by the county. An initial attempt to challenge the law by San Diego, Merced and San Bernardino counties was thrown out by the court. In a Dec. 6 ruling, San Diego Superior Court Judge William Nevitt Jr. found that counties had solid legal footing to issue cards allowing medical marijuana patients to grow, possess and transport the drug. But the judge declined to issue an immediate injunction forcing the three counties to immediately issue the cards. Merced County has since consented to the cards' issuance and will not join the appeal. "The results are going to be binding statewide either way," said Walt Wall, a deputy counsel for Merced County. Although California law mandated counties begin issuing the cards last January, more than half of the state's 58 counties have yet to do so. At the board meeting Tuesday, medical marijuana patients and advocates assailed San Bernardino County's decision to continue its suit. Ten years of challenges have failed to overturn California's medical marijuana law, said Aaron Smith, state coordinator for Safe Access, a medical marijuana advocacy group. Other advocates for ID cards argued that withholding legal protections for medical marijuana patients was simply cruel. "You're going to be pushing sick patients out to the streets to find dealers," said Krista Silva, who said her husband is a patient. County attorneys have expended roughly $60,000 in staff time on the case to date, though that number does not truly reflect the cost to the county, said county spokesman David Wert. Were the county to have abstained from the suit, it would still have paid its attorneys' salaries.Source: San Bernardino Sun (CA)Author: Jeff Horwitz, Staff Writer Published: December 21, 2006Copyright: 2006 Los Angeles Newspaper GroupWebsite: http://www.sbsun.com/Contact: http://www.sbsun.com/writealetterRelated Articles & Web Site:Americans For Safe Accesshttp://www.safeaccessnow.org/ County Out of Fight Over Marijuanahttp://cannabisnews.com/news/thread22456.shtml Supes Vote To Persist With MMJ Challengehttp://cannabisnews.com/news/thread22449.shtmlCourts Give Some Victories To The Peoplehttp://cannabisnews.com/news/thread22446.shtml
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Comment #7 posted by OverwhelmSam on December 21, 2006 at 20:23:55 PT
Insolent Bastards!
How do guys like this get into office anyway?
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Comment #6 posted by FoM on December 21, 2006 at 19:42:05 PT
Fight_4_freedom 
Thank you and Happy Holidays to you too!
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Comment #5 posted by Fight_4_freedom on December 21, 2006 at 19:37:51 PT:
Thought ya'll would like to 
see my e-mail I just got back from a MI state representative from an e-mail I sent before our big medical marijuana hearing at the state capital recently.December 21, 2006 
Dear Mr. "Kronik";
 Thank you for your note regarding House Bill 5470. I always appreciate hearing from those in my district whom I serve. I appreciate your thoughts and support this legislation as it decriminalizes the use of marijuana for the purposes of alleviating serious medical conditions and/or complications. Included in the bill are many restrictions and safeguards that make this bill sensible. There are many individuals that this will assist in restoring their ability to eat and be nourished by food, something that the THC pill does not treat. In good conscience, I do not believe it is right to withhold a certain medical treatment/prescription if a physician decided that it would be in their patientsí best interest to ingest. Thank you again for writing and please feel free to contact me if I can be of further assistance. Sincerely, John P. GarfieldState Representative45th District P.O. Box 30014
Lansing, MI 48909
Phone: (517) 373-1773
Toll free: (877) JOHNG45 
Fax: (517) 373-5838
Web: www.gophouse.com/garfield.htm It's nice to be reminded during the holidays that we still have hope.Happy Holidays Everyone!
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Comment #4 posted by Toker00 on December 21, 2006 at 18:55:26 PT
GW...
I'm sorry, GW. You may not FEEL the giving spirit, but it is there. You give with each key stroke. I'm afraid until a great many of our feet march a path to the Prohibians doorstep, up onto their front porch, through their offices, and into their conference rooms, demanding a meeting with Power and the re-scheduling of Cannabis, and sever the U.S.Taxpayers umbilical cord that has fed the massively Deformed, Mutlilated Offspring of Prohibition, (DEAth Child, Office of Nazi Death-camp Cannabis Policy, Nazi Idiotic Disinformation Agency, and all the Lie Enforcement Officers), then I suppose a great many of our asses will continue to be tossed into the sucker hole of Prohi-blivion.I hope comfort comes your way soon. I hope comfort comes our way soon. God.Toke. 
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Comment #3 posted by global_warming on December 21, 2006 at 15:37:51 PT
re: I have only some hope
I pray for understanding,When Good people come to the table with clean linen
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Comment #2 posted by global_warming on December 21, 2006 at 15:21:12 PT
re: it's a law issue
much like that scarlet letter, and that star of david,so everybody must wear a badgeto identify who they are,though some wrestle with destinythere are some who need to see your papersbefore you can transpire to your destinyI have no papers, lost them in that fire,I have only some hope, That this time and placeMarks some special Christmas
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Comment #1 posted by global_warming on December 21, 2006 at 14:59:43 PT
re: Its a law issue
California -- San Bernardino County isn't prepared to drop its challenge to state-mandated medical marijuana ID cards. At a meeting Tuesday, the county Board of Supervisors voted to appeal a San Diego court's ruling that issuing the cards did not violate federal narcotics law.The board's decision isn't based on opposition to medicinal uses of the drug, Supervisor Gary Ovitt said after the meeting."It's a law issue," he said, adding that it would put sheriff's officials - some of whom may be called upon to enforce both state and federal law - in a difficult position.The board took no position on the health benefits of the drug or the state's voter-approved medical marijuana law, he said.Sheriff Gary Penrod agreed in a written statement issued by the county.An initial attempt to challenge the law by San Diego, Merced and San Bernardino counties was thrown out by the court.In a Dec. 6 ruling, San Diego Superior Court Judge William Nevitt Jr. found that counties had solid legal footing to issue cards allowing medical marijuana patients to grow, possess and transport the drug.But the judge declined to issue an immediate injunction forcing the three counties to immediately issue the cards. So, here we' are, so worried about "narcotics", I can see the Big Chief, who holds the keys, who says "that it would put sheriff's officials - some of whom may be called upon to enforce both state and federal law - in a difficult position."Sorry Toker.., don't feel any kind of giving spirit, just listening to to some old songs, and wondering, when this insanity will come to an end.I choose to be able with sound mind to embrace all the fruits of the living world, and if those fruits, bring me to my conclusions, I will take my conclusions, to some place that those sheriffs cannot ever enter, for those with secular and materialistic profit driven interests, have no share in the larger universe.
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