On the Record edited by Ann Harrison

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January 24, 2006

Activists Intervene To Stop Cannabis Lawsuit

Can a county board of supervisors sue a state in federal court to overturn a state law? Medical cannabis supporters in California say counties have no jurisdiction to carry out such a lawsuit, but they're taking their objections to court just to be sure.

The American Civil Liberties Union (ACLU), Americans for Safe Access (ASA), the Drug Policy Alliance (DPA), and several patient plaintiffs filed a motion in federal court today to intervene in the San Diego County Board of Supervisors’ lawsuit against the State of California. The Supervisors’ lawsuit seeks to overturn California’s Compassionate Use Act (Prop. 215), which permits patients to use medical cannabis with a doctor's recommendation.

San Diego is the first county in California to defy the state-mandated medical marijuana ID card and registry program that went into effect this month. The County Board of Supervisors voted in December to sue the state rather than follow Proposition 215 and implement the program. This is the first such lawsuit to overturn medical marijuana laws which have been passed in 11 states.

The Board of Supervisors of San Bernardino County also voted this morning to file their own lawsuit against the state of California opposing Prop. 215.

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