San Bernardino, San Diego Counties Lose Challenge to Medical Marijuana

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San Bernardino, San Diego Counties Lose Challenge to Medical Marijuana Law

Steven Cuevas

August 01, 2008

89.3 KPCC Southern California Public Radio

http://www.scpr.org/news/stories/2008/08/0...held_08010.html

 

Proposition 215, California's medical marijuana law, passed nearly twelve years ago. Despite conflicts with federal law, many counties have okayed medical marijuana dispensaries and issued ID cards to patients. But San Diego and San Bernardino counties went a different way. They challenged the law in court. KPCC's Steven Cuevas says they lost that challenge yesterday.

 

Steven Cuevas: The two counties argued the medical marijuana law set up a conflict for deputies who've been authorized to enforce federal laws. But a panel of three state appeals court judges in San Diego said county law enforcement officers don't have to enforce federal marijuana laws.

 

Larry Swerdlow: For most parts of the state of California, it doesn't mean anything, 'cause they're already following the law.

 

Cuevas: But Larry Swerdlow, who heads up the Hemp and Cannabis Foundation in Riverside, says the ruling will force San Bernardino and San Diego counties to comply with at least part of the medical marijuana law. They'll have to issue county IDs to people eligible for medical marijuana. At the Riverside clinic that Swerdlow runs, patients with county-issued ID cards can get prescriptions for medical pot.

 

Swerdlow: In San Bernardino County, which is our stomping grounds, Riverside and San Bernardino Counties, the Inland Empire, it's of significant importance, because San Bernardino County refuses to issues the ID card. And their justification for refusing to issue the ID card is that, "Well, as long as we're in litigation, we don't have to." Because of that, sheriff's officers can still arrest legitimate medical marijuana patients, unlike in Riverside County, they can't!

 

Cuevas: Both San Bernardino and Riverside counties have moratoriums on the establishment of new medical marijuana dispensaries. Medical pot advocates like Swerdlow doubt the state appeals court decision will change that. San Bernardino County has 40 days to appeal the ruling or start issuing medical marijuana ID cards.