County Votes To Appeal Medical Marijuana Ruling
The San Diego County Board of Supervisors on Tuesday voted to appeal a ruling last week that rejected a lawsuit seeking to invalidate state laws that permit marijuana use if recommended by a physician, the San Diego Union-Tribune reports. The lawsuit sought to exempt counties from issuing identification cards to people who have doctors' recommendations to use marijuana because the laws conflict with federal statutes banning the substance (McDonald, San Diego Union-Tribune, 12/14).
Judge William Nevitt Jr. ruled that counties would not violate federal law by issuing identification cards. However, the ruling did not force counties to issue the cards (California Healthline, 12/8).
The case will be sent to the 4th District Court of Appeal, where county lawyers will argue that the county should not enforce a state law that conflicts with federal laws prohibiting all uses of marijuana. The appeal date is unknown.
San Bernardino and Merced counties had joined San Diego County's initial lawsuit. Merced County on Tuesday voted not to appeal the ruling; the county instead will begin issuing identification cards to people who have doctors' recommendations to use marijuana (San Diego Union-Tribune, 12/14).