SUPREME COURT AFFIRMS STATES' RIGHTS TO MEDICAL MARIJUANA
May 18, 2009 - The U.S. Supreme Court has declined to hear case #08-887 San Diego County v. San Diego NORML et al., leaving in place an appeals court ruling holding that California law trumps federal law over medical marijuana.
San Diego filed suit after San Diego NORML threatened to sue the county for failing to implement the state ID card program mandated under SB 420. In return, the county sued the state and San Diego NORML. The ACLU, Americans for Safe Access and the Drug Policy Alliance joined as patient intervenors against the county in 2006.
The San Diego lawsuit, which was joined by San Bernardino and, for a time, Merced counties, argued that counties could not be required to establish the ID card system because to do so would violate federal law.
"This should finally put to rest doubts about the constitutionality of Proposition 215," said Dale Gieringer of Californnia NORML. "It's time for San Diego and San Bernardino counties to comply with state law."