San Diego County Lawsuit Against Marijuana Laws Withdrawn, Refiled

San Diego County on Wednesday withdrew a federal lawsuit challenging state marijuana laws and filed "essentially the same" lawsuit in San Diego Superior Court, the San Diego Union-Tribune reports. San Diego County officials said the federal lawsuit, which was filed Jan. 20, was refiled in state court to consolidate anticipated lawsuits (Wolf Branscomb, San Diego Union-Tribune, 2/6).

The lawsuit claims that federal law supersedes state law in prohibiting the use of marijuana and that an international treaty with 150 nations states that marijuana is illegal (Conaughton, North County Times, 2/3).

California voters in 1996 approved Proposition 215, which allows residents to use marijuana to treat some conditions with a doctor's recommendation. A subsequent state law requires identification cards to be issued to people who use marijuana for medical purposes (San Diego Union-Tribune, 2/6).

The county also names the San Diego chapter of the National Organization for the Reform of Marijuana Laws to the lawsuit, along with Department of Health Services Director Sandra Shewry (North County Times, 2/3).

Strategy, Other Actions

Naming NORML to the suit is a pre-emptive move by the county, after the organization said it would bring a lawsuit against the county for its refusal to issue ID cards to medical marijuana users, according to County Counsel John Sansone (San Diego Union-Tribune, 2/3).

Attorneys from the American Civil Liberties Union said they would ask for permission to oppose the county's new lawsuit.

ACLU lawyer Allen Hopper said the organization believes the federal lawsuit was withdrawn because it lacked legal "standing," as counties cannot sue states in federal court.

Sansone denied that ACLU's suggestion was the reason for refiling the case (North County Times, 2/3).

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