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Judges: Federal Law Does Not Pre-Empt California Medical Marijuana Law
August 4, 2008

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News Summary

A panel of the 4th District Court of Appeals in California has ruled that California counties' issuance of identification cards to patients eligible to receive medical marijuana does not violate federal law, the Associated Press reported Aug. 1.

San Diego County officials had sued to overturn Proposition 215, the state's medical marijuana law, and pursued an appeal of a 2006 decision that went against them. In the appeal, which officials in San Bernardino County joined, a three-judge panel ruled that the issuance of ID cards to qualified patients does not violate the federal Controlled Substances Act because that law is aimed at recreational drug use rather than medical use.

The counties have 40 days from the July 31 date of the ruling to appeal the decision to the state Supreme Court or to begin issuing identification to medical marijuana patients. An attorney for San Diego County said the appellate court panel ignored the most pivotal issue in the case.

"[Federal law] clearly regulates medical practices. It says marijuana has no currently accepted medical use," said Thomas D. Bunton, senior deputy county counsel for San Diego County.

The state medical marijuana law requires California counties to create formal programs to regulate residents' eligibility to participate in medical marijuana initiatives. Lawyers for patients say the presence of ID cards alerts police to the fact that they do not need to investigate the cardholders. 

COMMENTS ON THIS ARTICLE:

Posted by gro4me on 04 Aug 08 02:32 PM EDT
Thomas D. Bunton needs to go back and read the Constitution of the United States of America. Federal law only takes preccedence in cases where the action in question is under the purvue of the Federal Government as granted by the Constitution. The Constitution grants regulation of medicine to the States. It's called Separation of Powers.

Posted by surfnshred on 11 Aug 08 12:31 PM EDT
gro4me - RIGHT ON. If only lawyers would abide by the constitution and these separations of powers ther would be a lot less chaos in our care for people. To bad there will be no fewer suits. Unfortunately anyone can sue for any reason - that's Californian, no, I mean American.

Posted by qkruse on 11 Aug 08 03:36 PM EDT
YES! And about time. The feds have been riding rough-shod over States Rights for entirely too long. May they will leave the sick and their dispensaries alone, now

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