HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Tuesday, February 14, 2006

Medical Marijuana: The Latest Chapter

From the Feb. 3 issue of Health Law Week, we have the following news of the latest -- but surely not the last -- development in the continuing saga of California's Medical Marijuana law:

San Diego Supervisors Sue To Stop Medical Use Of Marijuana; San Diego, Cty. of v. California, State of, No. 06-CV-130 (S.D. Cal. complaint filed Jan. 20, 2006) - DEx 105767

   Three San Diego County supervisors have filed a lawsuit against the state in an attempt to overrule the legal use of medical marijuana. The California Legislature passed a law in 2003 requiring counties to provide identification cards to registered users of marijuana. San Diego County voted to refuse implementation of the identification system.

   Three supervisors -- Bill Horn, Dianne Jacob and Pamela Slater-Price -- also voted to sue the state in opposition to the law. The lawsuit argues that the California Legislature violated federal drug laws by allowing the registration of medical marijuana users.

   In addition, the suit relies on an international treaty signed by the United States in 1961 that prohibits the production and possession of the drug.

Chairman Horn's press release is here and Jacob's is here[tm]

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