GROUPS WANT TO OPPOSE COUNTY'S MEDICAL MARIJUANA LAWSUIT

SAN DIEGO - Flanked by frustrated cancer, car-accident and burn
victims who use marijuana to ease their pain, a collection of legal
and marijuana advocacy groups said Tuesday that they would seek court
permission to oppose the county of San Diego's challenge to
California's medical marijuana law.

County officials formally filed a precedent-setting lawsuit in U.S.
District Court on Friday seeking to overturn California's 9-year-old
"Compassionate Use Act," Proposition 215 - on the grounds that it
should be pre-empted by federal law, which says all marijuana use is illegal.

Tuesday, after unsuccessfully lobbying county supervisors to drop the
lawsuit, unhappy patients and officials from three groups - the
American Civil Liberties Union, Americans for Safe Access, and the
Drug Policy Alliance - said they would seek permission to challenge
the county's lawsuit.

Kevin Keenan, executive director of the ACLU of San Diego and
Imperial counties, said the groups would do that by immediately
filing a request in federal court to join the county lawsuit as an
opponent - permission that may or may not be granted.

Frustrated and angry patients, meanwhile, said during and after the
county meeting that they could not understand why county supervisors
were challenging California's medical marijuana law - even though
supervisors have repeatedly said they are uncomfortable with
supporting Prop. 215 when it contradicts federal law.

"I don't get where you guys are coming from," said La Mesa resident
Rudy Reyes, who has been using medical marijuana to alleviate the
pain of third-degree burns he suffered during the 2003 Cedar fire.
"You guys are just hurting people."

Prop. 215, passed by 55 percent of voters statewide in 1996, states
that "seriously ill" people have a right to "obtain and use marijuana
for medical purposes" when recommended by a doctor.

But the federal government still classifies marijuana as a dangerous
drug on a par with heroin, LSD and mescaline, and says that it has no
medicinal value.

Vista resident and businessman Craig McClain said Tuesday that he had
been using medical marijuana for years to alleviate his pain - after
"crushing" his spine in car accident in 1992 - and campaigned for
Prop. 215 in 1995 and '96.

"When we passed the initiative, I thought we (patients) were safe,"
he said. "I no longer have that feeling of being safe. I want you to
really think about what you're doing because you're opening a gate to
cause a lot of damage to a lot of people."

San Diego resident Pamela Sakuda told supervisors that she was dying
from colorectal cancer, but that she still wanted to fight the
disease through chemotherapy. She said that marijuana was the only
drug that has helped quell her nausea and allow her to eat enough to
keep up her strength.

Sakuda's husband, Norbert Litzinger, offered the most tortured testimony.

"We've been married 28 years," he said, speaking slowly. "She is the
standard by which I measure everything in my life. By your acts ...
you are attempting to deny her access to a legal medicine.

"If you succeed," Litzinger said, "you will increase her pain. You
will increase her suffering. And you will hasten her death. That is
wrong. It is gravely wrong."

Meanwhile, Keenan and Steph Sherer of Americans for Safe Access said
they hoped that the courts would allow the groups to join the county
lawsuit in order to represent patients and their testimony.

The county lawsuit was filed against the state and Sandra Shewry,
director of California's Department of Health Services.

Keenan said Tuesday that he thought the federal courts might throw
out the county's lawsuit because it lacked legal standing - because,
he said, counties cannot sue states over federal law.

He also said he did not think the county's argument that Prop. 215
should legally be pre-empted by federal law would be upheld by the courts.

The county's argument cites the U.S. Constitution's "Supremacy
Clause" -- which states that the Constitution and federal law should
be "supreme" - and a 1961 U.S. treaty with 150 other nations that
states marijuana is illegal.

Keenan said case law - such as last week's decision to indirectly
uphold Oregon's assisted suicide law - illustrates that the county's
argument is hollow.

But the county's top lawyer, John Sansone, said the county believes
it has a good argument.

Officials said there is no timetable on when the courts might hear
the arguments on either side.