COUNTY JOINS MEDICAL MARIJUANA LAWSUIT

San Diego County Files Suit Against State Over Legality of Drug Program

SAN BERNARDINO -- The County of San Bernardino has joined a lawsuit
against the state to clarify the legality of medical marijuana.

The lawsuit was filed in federal court by the County of San Diego in
an effort to address the confusion between state and federal laws
regarding the drug.

San Bernardino County Counsel Ron Reitz said under federal law, it is
illegal to be in possession of marijuana, regardless of whether it is
designated as "medical" or not.

For nearly 10 years Californians have had the right to use medical
marijuana if recommended by their doctor. In 2003, California
Legislature enacted a requirement that counties must issue
identification cards to patients authorized to use medical marijuana
or the patient's caregiver.

"The federal and state governments put us in a conflicting
situation," Third District Supervisor Dennis Hansberger said. "We
need to get a single answer so the state can get in accordance with
federal law. Let's make it consistent."

Board Chairman Bill Postmus said the county is in opposition to
state's medical marijuana laws because of the problems faced by law
enforcement officers.

"There needs to be clear resolution because its difficult for the
sheriff and deputies to do their job," Postmus said. "I for one am
against it (medical marijuana). By joining in the lawsuit, we looking
for a resolution to this."

Reitz said Sheriff Gary Penrod will also be adding his name to the lawsuit.

"I refuse to have law enforcement encounter more crime in
implementing this (state) ordinance," Fifth District Supervisor Josie
Gonzales said. "I don't want law enforcement to be trapped between a
rock and a hard place."

Gonzales said she was also concerned about the identification card
requirement and the possibility of fraud.

Reitz said so far San Diego and San Bernardino are the only two
counties filling a lawsuit against the state in the medical marijuana matter.