CA Supreme Court stikes down San Diego and San Bernadino lawsuits

[richyrich]

Just read that the court dumped the case against these idiots trying to overturn our state mmj id card program.

 

[richyrich]

Well, actually declined to hear the case. Same effect more or less.

 

[vta]

Cal high court declines to hear marijuana ID case
The Associated Press
Article Launched: 10/16/2008 04:38:21 PM PDT


SAN FRANCISCO—California's highest court has approved the issuance of government medical marijuana identification cards by refusing to consider a legal challenge to the law.
The state Supreme Court declined without comment to hear two cities' and a county's challenge to California's medical marijuana law and the issuance of state identification cards.

The lawsuit filed by San Diego, San Bernardino and Merced County in 2006 was tossed out by two lower courts.

The state Supreme Court's refusal to consider the case Thursday ends the matter.

 

[inflorescence]

The state Supreme Court's refusal to consider the case Thursday ends the matter.

Yet SD's board of supes lawyers TOLD this to the board of supes before the first trial.
Their own lawyers said it had NO case yet the board of supes decided to WASTE our tax payer dollars because of their MORAL beliefs.

That should be grounds for insubordination and they should all be dismissed.

 

[soulfly22583]

I personally thought the commentary at the end of the article was appropriate. The CBOS in SD is BEYOND fucked up at this point. The fact that they continue to push the mater to the supreme court is just wrong.

I would seriously love to see someone use the defense that they are using cruel and unusual punishment against medical patients who are within their states rights That to me would be the icing on the cake (if they were in deed found to be using cruel and unusual tactics)

edit - as you can see in this article, this is still far far from over. SD county will fight this till the Supreme Court says to drop it (and then I wouldn't put it past them to RE-package the argument and start it all over again)

http://www.signonsandiego.com/news/metro/20081016-1948-bn16pot.html

By Jeff McDonald
UNION-TRIBUNE STAFF WRITER

7:48 p.m. October 16, 2008

The California Supreme Court on Thursday declined to consider the latest appeal from San Diego County in its yearslong effort to resist state medical marijuana laws.

“This is a resounding victory for seriously ill Californians and for California voters,” said Adam Wolf of the American Civil Liberties Union, which is co-defending the case along with the state Attorney General's Office and the advocacy group Americans for Safe Access.

Its All About the Girl
“It's an affirmation of the legitimacy of state medical marijuana laws.”

Even before the court's decision, the county Board of Supervisors directed its lawyers to appeal to the U.S. Supreme Court, Senior Deputy County Counsel Thomas Bunton said.

“We always believed our best chance to prevail in this case was at the U.S. Supreme Court,” he said.

In 2006, the county sued rather than implement the state law that requires counties to issue medical marijuana ID cards. A majority of supervisors said they could not embrace a state law they considered a violation of federal law.

San Bernardino and Merced counties originally joined the suit, although Merced County supervisors later reversed course and voted to begin issuing the cards.

Marijuana remains illegal under federal drug statutes despite laws in at least 11 states permitting qualified patients to use it as a pain reliever.

The county's suit was rejected in Superior Court in 2006. The county appealed and lost, then appealed again to the state high court.

Sick and dying patients, who were awarded the right to use and grow marijuana by California voters in 1996, say the cards help police decide who is using marijuana legally and who might be abusing the drug.

“Right now patients are being persecuted by police,” said Rudy Reyes, a medical marijuana patient badly burned in the 2003 Cedar fire. “If I have a card, the cops know automatically what to do and how to behave.”

The county has 90 days to file its petition with the nation's high court. If the court declines to hear the case, the county would likely be notified sometime next spring. If it is accepted, a ruling probably would not be issued until 2010.

 

[Hydro-Soil]

Yet SD's board of supes lawyers TOLD this to the board of supes before the first trial.
Their own lawyers said it had NO case yet the board of supes decided to WASTE our tax payer dollars because of their MORAL beliefs.

That should be grounds for insubordination and they should all be dismissed.

Ironic that a severe injury or illness and exposure to the healing effects of MJ, is pretty much all it takes to make these crusaders change their tune.

You can talk to them until you're blue in the face but it won't work. Their minds are not open. Without an open mind you'll get nothing EVERYTIME!

I'm VERY glad to hear this was finally shot down at the top.

Now let's get some SERIOUS work going here

We need to up the plant numbers.

(Most home growers are shockingly bad at growing and NEED to have a much larger number of seedlings/clones to be allowable) Have you looked at the pictures on this website in the sick plants forum???

 

[soulfly22583]

haha - i totally agree. But like ALMOST everything in life, when you first start it you are not going to be a professional at it, not without paying your dues.

Hopefully if SD county gets its collective head out of its collective ass we will see the rules/laws change in the next few years and see growers have access to the information and selection that we should legally have.

 

[SCF]

Hahahahahahahahahahahhahahahahhhahahahahhahahahhahahah


ahhhhhhhhhhhhhh hahahahahahahahahhaha

that city is stupid

 

[Grow Tech]

Hey SCF-

The city has it's dumb $hitz but the SD County stupidvisors are the ones that really deserve to be

 

[ESCOknows]

ohhhhhhh.... take that SD.

 

[badmf]

Time to use the power of the Ballot!!! Vote em out!!!!

 

[inflorescence]

Even before the court's decision, the county Board of Supervisors directed its lawyers to appeal to the U.S. Supreme Court, Senior Deputy County Counsel Thomas Bunton said.

That right there proves that the board of supes doesn't even believe this is a state case and feels it's a federal case all along.

State elected employees should be bound to their states supreme court and for these officals to act as federal employees is at the heart of this matter and is why they should all be held for CONTEMPT of court (state supreme court) and FIRED at once!

 

[zingablack]

YEA what SCF said ^^^^^

 

[inflorescence]

YEA what SCF said ^^^^^

Don't be fooled.
There are MANY of us here who did not vote for these a-holes and are trying for a more tolerant county but the mass of ignorant, moralistic retirees here is a mountain compared to our lapping tide of logic and soul.

 

[FreezerBoy]

Forgive me. It's been too many years since I took Poli-Sci.

Does this mean it's dead? Am I wrong to think a case has to be ruled on by a State Supreme Court before it can go to the US Supreme Court?

 

[pSi007]

This turned into a great thread. I have done a little dope in my days and I`m still a young man. I think a little bit of dope should be illegal, excluding most uses for cannabis, I dont consider cannabis to be a unified, "dope".

The problem with the superior(state)/supreme(fed) court is the fact that they have too many cases to hear them all. They chose to shutdown an opposition to cannabis, this is good. Kill cannabis reform for the worst, stop prohibition.


Piss on the other drugs.

 

[soulfly22583]

Don't be fooled.
There are MANY of us here who did not vote for these a-holes and are trying for a more tolerant county but the mass of ignorant, moralistic retirees here is a mountain compared to our lapping tide of logic and soul.

I agree with the retiree's statement but also look at the fact that San Diego is a tourist city, you see people moving in and out of the city all the time. Some people move out to SD for the weather and then learn they cant hack the cost of living so they up and move somewhere else after a few months.

This will always be a problem for SD and the way the politics are run in the city. We need young people staying in the city and not moving out like they have been the last 5 years, that would be a great help right there. Having open minded people of both sides of the political aisle is something SD lost a long time ago. In regards to the MMJ issue in SD, I think Aguirre needs to go on one of his kicks and bring a lawsuit against the supes, they obviously have been breaking a state law for how long now?



... I will always love the city of my birth (SD) but man it makes me fucking sad to see how its being ran =(