Lawsuit Seeks To Overturn State Medical Marijuana Laws
San Diego County on Friday in U.S. District Court in San Diego filed a lawsuit challenging a voter-approved law that allows residents to use marijuana for medical purposes, the San Diego Union-Tribune reports. The lawsuit names the state and the Department of Health Services as defendants (Wolf Branscomb, San Diego Union-Tribune, 1/21).
The lawsuit seeks to overturn Proposition 215, the 1996 state law that permits the use of marijuana for medical purposes, and a law that requires DHS to issue identification cards to people who use marijuana for medical reasons. The lawsuit says the laws should be declared unenforceable because they conflict with federal law (Egelko, San Francisco Chronicle, 1/21).
The lawsuit also states that the laws are inconsistent with a 1961 international treaty that addresses marijuana (San Diego Union-Tribune, 1/21).
County Counsel John Sansone said six other counties have offered to support the complaint, although it was unclear whether they would intervene in the case (AP/San Jose Mercury News, 1/19).
DHS on Friday said no other county to date has objected to the ID card requirement.
The American Civil Liberties Union said it would on Monday seek to become involved in the lawsuit on behalf of people who use marijuana for medical reasons (San Francisco Chronicle, 1/21).
In addition, several marijuana advocates on Wednesday launched a campaign to limit county supervisors to two terms (McDonald, San Diego Union-Tribune, 1/19). The county's five supervisors have held their positions for at least 12 years (AP/San Jose Mercury News, 1/19).