POT APPEAL UP IN AIR

State's Top Court Mum on Sb County Move

San Bernardino County has appealed its medical marijuana lawsuit to
the California Supreme Court, but it remains unclear whether the
court will agree to hear the case.

The county lost its lawsuit July 25 when a court of appeals ruled
that a state law requiring counties to issue medical marijuana
identification cards is constitutional.

The county maintains that the state law is at odds with federal law,
which criminalizes the drug.

"The lower courts haven't done what the county has asked them to do
and address the conflict between state and federal law," said David
Wert, county spokesman.

The state Supreme Court is expected to announce whether it will hear
the case within the next 60 days, although that deadline could be
extended, according to a statement from the county.

Wert said the county appealed the case upon the urging of the
sheriff. Some sheriff's deputies serve on joint federal task forces,
which puts them in a difficult position because they are sworn to
uphold federal law, Wert said.

Lanny Swerdlow, director of the Marijuana Anti-Prohibition Project,
said the county is wrong to appeal the case because the courts have
ruled that the state law is not in conflict with federal law.

"They are trying to stall issuing cards," Swerdlow said. "My
perspective is it's a waste of taxpayers' money, and a violation of
their responsibility to enforce state law, and a failure to protect
the health and welfare of San Bernardino residents."

He said other counties, such as Orange, Santa Barbara and Imperial,
have issued cards.

In 1996, voters approved Proposition 215, which exempted patients and
their primary caregivers from criminal liability under state law for
the possession and cultivation of marijuana. In 2004, the Legislature
passed the Medical Marijuana Program Act, which included establishing
an identification card system, according to a statement from the
Attorney General's Office.

On Aug. 25, state Attorney General Jerry Brown issued guidelines to
clarify the state's laws governing medical marijuana.