San Diego and San Bernardino counties are suing the state of California over Proposition 215, saying the state erred in approving a medical-marijuana statute that is in violation of federal law.

The San Bernardino Sun reported Jan. 25 that the cases were prompted in part by a 2005 Supreme Court ruling that affirmed Congress' power to criminalize marijuana use by state residents. "The federal government and state government have put us in conflicting situations where we don't know what to do," said San Bernardino 3rd District Supervisor Dennis Hansberger. "Let's resolve it. Whatever the court says is the law."

The two counties are expected to consolidate their cases as legal action proceeds. The head of the state's Department of Health Services Department, which issues medical-marijuana ID cards to users, was named as a codefendant along with the state.

"What precipitates this is the state mandating counties to issue medical-marijuana cards, and the board here took issue with that because the use of marijuana is a federal crime," San Diego County Counsel John Sansone said. "What is a federal crime? Does federal law pre-empt state law or not?"