APPEALS COURT UPHOLDS MED POT LAW

In 2003, the California Legislature enacted the Medical Marijuana
Program Act (MMP). Among other provisions, the MMP imposed on
counties the obligation to implement a program permitting a limited
group of persons - those who qualify for exemption from California's
statutes criminalizing certain conduct with respect to marijuana
(the exemptions) - to apply for and obtain an identification card
verifying their exemption.

In a lawsuit that pitted the counties of San Diego and San
Bernardino against San Diego NORML and others, California's Fourth
district court of appeal ruled on July 31 that the federal
Controlled Substances Act does not preempt California's medical
marijuana ID card program.

Citing the Federal Supremacy Clause, the counties sued in 2006
rather than implement the ID card program, which was enacted by the
California legislature in 2003 as part of SB420. That legislation
followed voters' approval of Proposition 215, the Compassionate Use
Act, in 1996.

In a unanimous opinion authored by Justice Alex McDonald, the court
ruled, "We conclude the identification card laws do not pose a
significant impediment to specific federal objectives embodied in
the CSA (federal Controlled Substances Act). The purpose of the CSA
is to combat recreational drug use, not to regulate a state's
medical practices." It also ruled, "Congress does not have the
authority to compel the states to direct their law enforcement
personnel to enforce federal laws."

Read the full ruling
at: http://www.canorml.org/news/sandiegoruling.pdf. It is 39 pages
long, but worth the reading.