News & Columns > G.T. Houts > Protest Held by Medical Marijuana Patients (Update)

Protest Held by Medical Marijuana Patients (Update)

To Be Staged at County Government Center

By G.T. Houts
Tuesday, November 18, 2008

Update – Tuesday 3:50 a.m.

San Bernardino, CA - Medical marijuana patients were set to protest in front of the San Bernardino County Government Center yesterday, calling for the board of supervisors to begin issuing the identification cards mandated by state law in 2004.

Meanwhile, David Wert, public information officer for the county, issued the following statement regarding the board's plans to appeal a recent California Supreme Court decision to the U.S. Supreme Court:

"The County of San Bernardino will join San Diego County in appealing the

state Supreme Court decision to the U.S. Supreme Court in a final effort

to resolve the obvious conflict between state and federal law," the statement provided to RIMOFTHEWORLD.net read.

"In pursuing this case," the prepared statement continued, "the county is not expressing a position on the use of marijuana for medical purposes. The county is simply asking the

courts to resolve the clear conflict between state and federal law.

"The cost of this case to the county is nominal." Wert's approved statement added. "San Diego County has done most of the legal work. The County of San Bernardino has relied

entirely upon in-house attorneys earning their normal salaries."

Original Story

San Bernardino, CA – A group of medical marijuana patients is reportedly planning a protest in front of the San Bernardino County Government Center prior to the Board of Supervisors meeting tomorrow morning.

Usually reliable sources have informed RIMOFTHEWORLD.net that the protesters disagree with the county's position to appeal a ruling by the California Supreme Court last month ordering the issuance of medical marijuana ID cards under Proposition 215. California voters approved that law in 1996 and only two counties—San Bernardino and San Diego—have declined to issue the cards authorized by legislation in 2004.

San Bernardino County Government Center (Photo by Michael P. Neufeld.)

Following the protest, several medical marijuana patients are reportedly going to address the full board of supervisors during the public comment period. That meeting starts at 10 a.m.

San Diego and San Bernardino counties have 90 days to file their petition with the U.S. Supreme Court. If the court refuses to hear the case, both counties would likely be notified sometime next spring. If the nation's high court accepts the case, a ruling would probably not be issued until 2010.

In 2006, both counties sued rather than implement the state law (along with several others who eventually dropped out of the suit) because they reportedly felt the law was in violation of federal law.

Cannibis Sativa, also known as marijuana. (Photo by US Fish and Wildlife Service.)

Meanwhile, proponents of immediately issuing medical marijuana cards in the county, including several patients in the mountain communities, have announced they are going to bring suit against the county to compel them to follow state law and issue the cards.

Marijuana remains illegal under federal drug statutes despite the fact that qualified patients can use marijuana as a pain reliever in at least 11 states.

San Bernardino County Sheriff Gary Penrod has called Proposition 215 "a bad law that is set up for abuse. This law opens the door to expanded cultivation of marijuana, which is a violation of federal law."

When San Bernardino County originally joined the lawsuit against the state, county supervisors expressed concern that the identification cards required by the state effectively sanction the violation of federal laws and create the false impression that people who hold the cards are completely immune from arrest when in fact they would be subject to arrest under the federal Controlled Substances Act.

In August, roughly 20 demonstrators staged a protest outside the county complex at 385 North Arrowhead Avenue in San Bernardino claiming the county was wasting taxpayer money on legal action when they should be complying with state law. That demonstration began at the San Bernardino County Health Department building at 351 North Mountain View Avenue and ended in front of the Government Center.