Counties' Prop. 215 Challenge Can Go Forward


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Oct 22, 2005
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June 15, 2006 - San Diego, CA, USA
San Diego, CA: A lawsuit filed earlier this year by San Diego County supervisors arguing that the state's ten-year-old medical cannabis law should be pre-empted by the federal Controlled Substances Act can move forward, a Superior Court judge has ruled. The ruling rejects a motion filed in March by state Attorney General Bill Lockyer, who argued that the supervisors "disliked" the law, but had no legal standing to challenge it.
The judge is expected to set a trial date in the case imminently.
San Diego supervisors filed suit in January rather than comply with a 2004 state law mandating county officials to issue identification cards to authorized medical marijuana patients. Local governments from San Bernardino and Merced Counties have since joined the suit. According to a recent telephone poll of San Diego county voters, 78 percent of respondents said that they opposed the supervisor's lawsuit.

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