Tuesday, November 08, 2005

SignOnSanDiego.com > Supervisors sue state over medical pot law

SignOnSanDiego.com: "SAN DIEGO - Rather than wait to be sued for refusing to follow state medical marijuana laws, the county Board of Supervisors is going to force the issue by suing the state first.

The supervisors voted in closed session Tuesday to challenge the law that requires counties to provide identification cards to medical marijuana users exempting them from criminal prosecution.

"The focus is on whether or not the state mandate is legal" County Counsel John Sansone said after the meeting. "The argument would be that the state legislation is pre-empted by federal law."

The dispute is over Proposition 215, passed by the voters in 1996, and a follow-up measure by the state Senate in 2003. The laws permit users of medical marijuana to show identification cards that would keep them from being prosecuted under state laws." (more)

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