COUNTIES TOLD TO PROVIDE POT IDS

A San Diego County judge on Thursday issued a tentative ruling
ordering California counties to comply with the state's medical
marijuana law, a decision that could put new pressure on Stanislaus
County to issue medical pot ID cards.

San Diego County asserted that a federal ban on marijuana trumps
state laws allowing people to use it with a doctor's approval. Judge
William R. Nevitt Jr. rejected that argument.

Merced and San Bernardino counties joined San Diego in the lawsuit.
None of the three counties has issued medical marijuana cards, which
are required under a 2003 state law.

Merced County spokesman Mark Hendrickson said the county would "abide
by any and all judicial rulings."

After issuing his tentative ruling, Nevitt heard two hours of oral
arguments from San Diego County and the state.

Nevitt has 90 days to issue his final ruling. Hendrickson said it was
too early to say whether Merced County would appeal Nevitt's decision
if he maintains his position.

"As the county simply sought clarification on whether the state law
conflicted with federal statutes, today's tentative decision is a
step in a continuing process," Hendrickson said.

Stanislaus County supervisors last month chose to delay launching the
medical marijuana identification card program while awaiting Nevitt's ruling.

Supervisor Jeff Grover said Thursday the tentative decision would not
prompt the county to begin issuing the cards, which are administered
by the state Health Services Agency.

He said he expects county lawyers and health officials to discuss the
San Diego lawsuit before bringing the program back for another vote.

"We're in no better situation than what we were in," Grover said. "No
matter what we do, were going to be at odds with someone upstream
from us and it's an unacceptable position to be in."

Aaron Smith, a statewide coordinator for the advocacy group Safe
Access Now, said he'd get in touch with the Stanislaus supervisors
soon. Smith attended their meeting a month ago to urge them to issue the cards.

"I think the suit was just kind of the last gasp of a dying drug-war
mentality that really was willing to stop at nothing to arrest and
prosecute sick and dying people," Smith said.

Grant Wilson, a Merced man who uses medical marijuana, said his
county supervisors' opposition to the identification card program
showed insensitivity toward "people who are dying and have no
alternative for quality of life."

He cheered Thursday's announcement. "I wish (the supervisors)
would've just listened from the beginning and followed the law," said
Wilson, 50.

In his ruling, Nevitt agreed with attorneys for the state, who argued
that California is entitled to pass its own drug laws.