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State wants medicinal marijuana lawsuits dismissed

The San Diego County Board of Supervisors and San Bernadino County are seeking to overturn the Compassionate Use Act, which allows the use of medicinal marijuana. The state wants the lawsuits dismissed. KPBS Reporter Ed Joyce has more.

The San Diego County Board of Supervisors attempt to overturn the state's medical
marijuana law faces a May hearing after the state filed motions asking a court to reject the lawsuits. State Attorney General Bill Lockyer spokesman Nathan Barankin says there's no legal reason for the county to challenge the state law.

Barankin: The state has asked the court to dismiss the lawsuits on the basis that it's asking for an advisory opinion and courts simply are not authorized to issue advisory opinions.

Barankin says the state's law is still valid. County supervisors contend the state law should be preempted by federal law, which makes marijuana use illegal. The San Bernadino County supervisors also have challenged the state law. Ed Joyce, KPBS News.



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