California: Counties File Briefs Seeking To Overturn State Medi-Pot Law

San Diego, CA: Lawyers for the counties of San Diego and San Bernardino filed legal briefs this week urging the Fourth District Court of Appeals to overturn a 2006 ruling upholding the legality of California’s medical cannabis law.

The counties argue that they will “suffer harm if they are required to comply with [the state’s] medical marijuana laws.”

For years, both counties have refused to issue identification cards for state qualified patients – arguing that doing so would be in violation of federal drug laws. Under California state law, county health departments are required to establish a voluntary registry and identification card program for authorized medical cannabis patients.

A previous San Diego Superior Court ruling had determined that the state’s ID card program was not in “positive conflict” with federal drug laws.

Oral arguments in the case are expected later this year.

The case is County of San Diego v San Diego NORML.

For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500.