Thursday, November 16, 2006
A Superior Court judge has tentatively rejected San Diego County’s challenge to California medical marijuana law. KPBS Reporter Kenny Goldberg has the story.
Merced, and San Bernardino counties joined San Diego in the legal challenge. They maintained federal law prohibits the use of marijuana for any reason. And they insisted federal statutes banning marijuana should nullify California’s Prop 215. But the court rejected that argument in his tentative ruling.
ACLU Attorney Allen Hopper says it’s the first anyone has made such an argument.
Hopper: No federal official has ever suggested, hey wait, our laws are preempting state law. I think that the reason no one has made it before, is because everyone who’s looked at the legal argument, understands that it’s flawed, and it would fail. And I think that’s what’s going to happen here.
The court is expected to issue a final ruling within 90 days. Kenny Goldberg, KPBS