The California Court of Appeals, Fourth District, ruled yesterday that the state law requiring counties to issue identification cards to authorized medical marijuana patients is constitutional and must be implemented by the counties.
At the trial court level, Superior Court Judge William Nevitt, Jr., dismissed the challenge brought by the two counties, finding the state had the authority to legalize the medical use of marijuana despite federal law.
The defendants had previously filed a Motion to Dismiss, along with an extensive supportive affidavit from Lester Grinspoon, M.D., requesting a full evidentiary hearing where we would proffer testimony that would support our position that there is no longer a rational basis for the Commonwealth of Massachusetts to criminalize the personal use of marijuana by adults.
While technically requesting the court to reconsider their decision to deny our motion, the real purpose is to shore up our record for an anticipated appeal down the road, and the motion to reconsider provides that avenue.
NORML has teamed up with Democratic Congressman Barney Frank of Massachusetts to draft legislation that would strip the federal government of its authority to arrest responsible cannabis consumers.