MEDICAL POT CHALLENGE DECLINED BY TOP COURT

Out of Appeals, County Plans to Issue ID Cards

The U.S. Supreme Court ended San Diego County's three-year legal
battle against California's medical marijuana law yesterday by
declining to hear the county's last appeal.

The move effectively means the county will soon begin issuing
identification cards for medical marijuana users who want them. That
is required under a state law passed in 2004 that San Diego and San
Bernardino counties have resisted.

At its June 16 meeting, the five-member Board of Supervisors will
consider a recommendation to issue the cards, said Senior Deputy
County Counsel Thomas Bunton, who led the legal battle that one
opponent yesterday called "quixotic."

Supervisors indicated in statements yesterday that, with the court
case concluded, they will approve issuing the cards.

The case is officially over," Supervisor Pam Slater-Price said. "It
is incumbent on us now to proceed with issuing medical marijuana ID
cards, after we hear from our staff on appropriate guidelines."

Medical marijuana activists reacted yesterday by essentially saying
that it's about time.

I think this makes it clear local officials have to abide by
California's medical marijuana laws," said Joseph Elford, a lawyer
for Americans for Safe Access that advocates medical marijuana use.

We're glad they are going to comply with the law," said David
Blair-Loy, legal director of the American Civil Liberties Union of
San Diego & Imperial Counties. "We think actually the law has been
clear from the beginning. And every court that has considered the
issue agrees with us."

The end of the case came quietly, with the justices declining to
review the appeal without comment or explanation. That is not
uncommon for the high court.

The county had sued the state in 2006, contending the state law
requiring counties to issue identification cards to people who have a
doctor's prescription to use marijuana violated federal laws that
categorize marijuana as a dangerous drug.

Federal law does not recognize medical benefits of marijuana.
Thirteen states have passed laws allowing patients with chronic pain
or other ailments to use the drug for treatment.

The county argued that in the conflict between state and federal law,
the federal law trumped the state. That argument is based on the U.S.
Constitution's supremacy clause, which says it is the supreme law of the land.

The argument found no traction in the state courts. In 2006, San
Diego Superior Court Judge William Nevitt ruled against the county,
and in August 2008, the state 4th District Court of Appeal upheld that ruling.

The appeals court said the identification card requirement does not
conflict with the federal law, known as the Controlled Substances
Act. The court said the purpose of that law "is to combat
recreational drug use, not regulate a state's medical practice."

The California Supreme Court refused to take the county's appeal of
that ruling. In a last-ditch effort, the county appealed to the U.S.
Supreme Court.

Some supervisors said they had hoped the court would clarify the
long-running conflict in the debate between state law and federal law.

"I am disappointed the court did not take our case, but I am
respectful of the court's decision," said Supervisor Dianne Jacob,
who along with Slater-Price and Supervisor Bill Horn voted in 2005
not to issue the cards.

We were seeking a definitive ruling, in writing, that would resolve
the conflict between state and federal law. In my opinion, there
remains a gray area that will continue to pose challenges for law
enforcement and users."

Supervisor Greg Cox said he, too, would have preferred a ruling by
the court but said in a statement "the county will certainly abide by
the decision of the courts that have ruled."

Horn also said the county will follow court rulings.

It's still an issue I wish they would have heard," he said.

Graham Boyd, director of a national drug litigation project for the
ACLU, said the case had little chance from the start.

It was a rather quixotic battle, and was a legal theory no one
thought had much merit," Boyd said.

Yesterday's action by the court laid to rest the contention that
states could not enact their own medical marijuana laws because of
the clash with federal laws, Boyd said.

The law says the identification cards are to be issued by the county
health department or another health-related entity designated by the
supervisors. Bunton said he did not know how soon those cards would
be issued if the board approves issuing them June 16.

Most counties in the state issue such cards, but Elford of the Safe
Access group said about 10 counties, including San Diego, have
resisted. Elford said he now expects San Diego and San Bernardino and
the other eight counties to implement the law.

Merced County initially joined San Diego and San Bernardino in the
suit but dropped out after the case began. Since then, that county
has begun to issue identification cards, Elford said.

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OVERVIEW

Background: San Diego County sued the state of California in 2006 to
challenge a law that requires counties to issue identification cards
to qualified medical marijuana users.

What's changing: The U.S. Supreme Court declined yesterday to review the case.

The future: At a meeting next month, the county Board of Supervisors
will consider a recommendation to issue the cards. Supervisors
indicated yesterday they will approve the recommendation.