MEDICAL POT LAW CHALLENGE DENIED

A judge on Wednesday upheld California's law permitting the use of
medical marijuana for medical purposes, rejecting a lawsuit by three
counties challenging the decade-old statute.

San Bernardino, San Diego and Merced counties argued that local
governments shouldn't be bound to uphold state laws that are weaker
than the federal blanket ban on marijuana.

San Diego Superior Court Judge William R. Nevitt Jr. wrote in his
ruling that counties would not be breaking federal law by giving out
state identification cards to marijuana patients.

"Requiring the counties to issue identification cards for the purpose
of identifying those whom California chooses not to arrest and
prosecute for certain activities involving marijuana use does not
create a 'positive conflict"' with federal law, Nevitt wrote.

The ruling affirmed a tentative judgment Nevitt issued in November.

The absence of an injunction requiring the cards' issuance left San
Bernardino County still in search of legal guidance on the law's
enforcement, said county spokesman David Wert. Consequently, he did
not expect the county to take immediate action.

"This decision does not provide the county with the clarification it
was seeking," he said.

Red Toph, the High Desert coordinator of the Marijuana
Anti-Prohibition Project, said the judge's ruling makes the county's
position clear.

"The county tried to say the law doesn't hold, but it does, and they
need to issue the ID cards," he said. "The ID cards are there to
protect patients, and it's not a real burden on the county."

San Diego County first sued California and its health services
director in February over a state requirement that counties issue
identification cards for medical marijuana users and maintain a
registry of people who apply for the cards.

State attorneys responded that California was entitled to pass its
own laws suspending state prosecution for medical marijuana use and
to legislate programs enabling qualified users to access the drug.

Marijuana users in California can still be prosecuted under federal drug laws.

The judge emphasized that he was not weighing in on the question of
whether marijuana has medical benefits.

Thomas Bunton, a county attorney who argued the case, said no
decision had been made on whether to seek an appeal.