Judge rejects counties' challenge to California marijuana law

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A state judge on Wednesday upheld California's law permitting the use of medical marijuana for medical purposes, rejecting a lawsuit by three counties challenging the decade-old statute.

The counties, led by San Diego, argued that local governments shouldn't be bound to uphold state laws that are weaker than the federal blanket ban on marijuana.

San Diego County sued California and its health services director in February over a state requirement that counties issue identification cards for medical marijuana users and maintain a registry of people who apply for the cards. San Bernardino and Merced counties joined the suit.

State attorneys responded that California was entitled to pass its own laws suspending state prosecution for medical marijuana use, and to legislate programs enabling qualified users to access the drug.

Marijuana users in California can still be prosecuted under federal drug laws.

Superior Court Judge William R. Nevitt, Jr., wrote in his ruling counties would not be breaking federal law by giving out state identification cards.

"Requiring the counties to issue identification cards for the purpose of identifying those whom California chooses not to arrest and prosecute for certain activities involving marijuana use does not create a 'positive conflict,'" Nevitt wrote.

The ruling affirmed a tentative judgment Nevitt issued in November.

The judge emphasized that he was not weighing in on the question of whether marijuana has medical benefits.

Since 55 percent of California voters approved the law in a 1996 vote, 10 other states have adopted measures protecting qualified patients from prosecution. They are Alaska, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont and Washington.

Thomas Bunton, a county attorney who argued the case, said no decision had been made whether to seek an appeal.

Nevitt's ruling stopped short of forcing the counties to begin issuing the cards. Fewer than half of California's 58 counties have so far complied with the state program.

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