State Requests Dismissal of Medical Marijuana Lawsuits
The attorney general's office on Tuesday filed motions in Superior Court requesting that lawsuits by San Diego and San Bernardino counties seeking to overturn a 1996 state law permitting marijuana use with a doctor's recommendation be dismissed, the North County Times reports (Conaughton, North County Times, 3/22).
San Diego County supervisors earlier this year filed a lawsuit that claims federal law banning the use of marijuana supersedes the state law (AP/Modesto Bee, 3/23). San Bernardino County filed its own lawsuit against the state in support of San Diego County's action shortly thereafter.
Nathan Barankin, a spokesperson for Attorney General Bill Lockyer (D), said San Diego County's lawsuit does not involve an actual party in dispute, and "[b]ecause courts can only hear cases that involve real factual disputes between opposing parties ... such a request for an advisory opinion [on the law] requires dismissal of the charges."
The state's motion in the San Bernardino County case claims the county created an artificial issue for the court to review.
Barankin said that the court could rule on the state's motion in May (North County Times, 3/22).
KPBS' "KPBS News" on Wednesday reported on the attempt to reverse the Compassionate Use Act. The segment includes comments from Barankin (Joyce, "KPBS News," KPBS, 3/22).
The complete transcript is available online. The complete segment is available online in RealPlayer.