CHALLENGE TO POT ID LAW TO CONTINUE

SAN DIEGO - Despite pleas from the ACLU and several individuals
suffering chronic pain, the San Diego County Board of Supervisors on
Tuesday declined to withdraw a lawsuit seeking to overturn a state
law requiring the county to issue medical marijuana cards.

Meanwhile, San Bernardino County officials announced they supported
the San Diego board's decision to challenge the state law on grounds
that federal prohibition of marijuana use takes precedence. By day's
end, the county counsel of San Bernardino had contacted his
counterpart in San Diego to discuss legal strategy.

Kevin Keenan, executive director of the American Civil Liberties
Union's office for San Diego and Imperial counties, said he was
disappointed but not surprised by the San Diego supervisors' decision
to "forge ahead with this misguided lawsuit." The ACLU and two groups
that support medical marijuana on Tuesday petitioned the federal
court to allow them to oppose the lawsuit.

San Bernardino County Supervisors Dennis Hansberger and Josie
Gonzales said their county's action was intended to force the state
to clarify its policies on how local agencies should enforce drug
laws. They said they believe San Bernardino County Sheriff Gary
Penrod will join as a plaintiff, although Penrod could not be reached
for comment.

"I don't want law enforcement trapped between a rock and a hard
place," Gonzales said.

In 1996, 56% of California voters approved Proposition 215, which
allowed doctors to prescribe cannabis for therapeutic use. Three
years ago, state legislation mandated ID cards for patients and their
caregivers.

But the U.S. Supreme Court in June ruled that federal officials could
seize and destroy pot plants and arrest growers and consumers, even
in the 11 states where the drug has been legalized for medical use.

Last month, federal Drug Enforcement Administration agents raided 13
San Diego-area marijuana dispensaries.

The San Diego lawsuit, filed last week in federal court, asserts that
the requirement to issue medicinal marijuana ID cards is preempted by
the federal Controlled Substances Act, which criminalizes pot, and an
international treaty called the Single Convention on Narcotic Drugs.
The ACLU asserts the county lacks legal standing to bring such a lawsuit.

San Bernardino County had tentative plans to begin issuing ID cards
in February, but had not begun printing cards or designating staff
for the project, which is now on hold, said county spokesman David Wert.

The state had calculated that up to 7,000 San Bernardino County
residents might be eligible for cards, Wert said.

In December, Riverside County became the first Southern California
county to begin issuing the ID cards, which include the marijuana
user's photo and a computer-generated identification number.

Cardholders must submit a state form, proof of residency and their
doctor's recommendation, and provide government-issued
identification. The annual cost to get and renew the card is $100.

The San Diego supervisors last year voted 3 to 2 not to issue the
identification card. On Tuesday, the supervisors listened to lawsuit
opponents but declined to schedule a new vote on the issue.