Marijuana case rejected, SD County prepares to issue cards

In light of the U.S. Supreme Court’s decision not to hear San Diego County’s case against California’s legal marijuana law, the county is paving the way to start issuing  medicinal marijuana I.D. cards. San Diego County, joined by San Bernardino County, sued the state in 2006 over whether a state law legalizing medicinal marijuana can exist in contradiction with federal anti-drug laws. The county lost decisions in state court and on appeal, and both the California Supreme Court and the U.S. Supreme Court declined to hear arguments on the matter.

For county Supervisor Pam Slater-Price, the decision by the nation’s highest court ends the case.

“My immediate reaction is that the case is over,”  Slater-Price said. “I believe the law is going to be here, and an item brought [to the Board of Supervisors] by County Counsel and Health and Human Services to issue cards, and I’ll be voting in favor of doing that.”

Since 1996, when voters approved the use of medical marijuana, patients suffering from chronic disease have been allowed to get letters from their doctors allowing them to legally purchase marijuana. That law had no impact on the counties, but in 2004, the state created an I.D. card system to allow medicinal marijuana users to effectively identify themselves to police officers looking to enforce drug laws. San Diego County has never issued the cards. The Board of Supervisors argued that federal law making marijuana illegal trumped state law, and they wouldn’t issue the cards. The courts disagreed.

Regarding the recent decision, Supervisor and Board Chairperson Dianne Jacob said in a statement e-mailed to the press:

“I am disappointed the Court did not take our case, but I am respectful of the Court’s decision,” she wrote. “We were seeking a definitive ruling, in writing, that would resolve the conflict between state and federal law. In my opinion, there remains a gray area that will continue to pose challenges for law enforcement and users.”

Slater-Price remains concerned about the impact of legalized marijuana on the county’s adolescents and a potential rise in people driving under the influence of marijuana.

“The thing that really bothers me about it is that it was wasn’t really about medical marijuana—if this was penicillin, you wouldn’t go to a ballot initiative—this was actually a back doorway to legalize marijuana,” Slater-Price said. “So, we’re legalizing marijuana.”

Americans for Safe Access and Marijuana Police Project, groups that advocates for medicinal marijuana, both issued jubilant press releases of their own, each looking forward to the two counties issuing the I.D. cards.