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County Pursues Medicinal Marijuana Suit

San Diego County attorneys say they are pressing ahead with a petition to the U.S. Supreme Court seeking to resolve conflicting state and federal medical marijuana laws. That’s in spite of comments

San Diego County attorneys say they are pressing ahead with a petition to the U.S. Supreme Court seeking to resolve conflicting state and federal medical marijuana laws.  

That’s in spite of comments from U.S. Attorney General, Erik Holder, suggesting  federal enforcement of marijuana laws may change.

 KPBS reporter Alison St John has more.

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The County has refused to issue state-mandated I.D. cards to patients who qualify for medicinal marijuana. The County argues federal law outlawing marijuana pre- empts state law. Californians voted to decriminalize medicinal marijuana more than a decade ago.

San Diego County attorneys say Holder’s remarks, in response to a question about federal marijuana enforcement, do not affect their petition to the U.S. Supreme Court.  Holder says he will follow  President Obama's directions not to use federal resources to undermine state laws.  

Federal Drug Enforcement agencies in San Diego have recently raided several marijuana dispensaries. The County filed the petition in January after the State Supreme Court rejected the county’s legal battle to avoid implementing the state law.

If the U.S. Supreme Court accepts the case, it could be as early as May.

Alison St John, KPBS news