State seeks dismissal of San Diego's medical marijuana suit
March 21, 2006
The state has filed a motion seeking to dismiss a San Diego County lawsuit that challenges a decade-old law permitting in California the use of marijuana for medical purposes.
The attorney general's office filed the court documents Tuesday. In them, the state contends county officials simply "disliked" the law and that there was no legal reason for the court to consider the lawsuit.
In December, county supervisors sued the state of California and its director of health services in federal court, saying federal law that prohibits marijuana use trumps the state law.
California approved the use of marijuana for medical purposes with the passage of Proposition 215, which won 55 percent of votes cast in 1996.
San Diego is the only California county that has ignored a state requirement that counties issue identification cards to registered medical marijuana users and maintain a registry of people who apply for the cards.
County attorneys switched the lawsuit from federal to state court last month to avoid bringing the case to the 9th U.S. Circuit Court of Appeals, which in recent rulings sided with medical marijuana supporters.