According to Joe Elford, lead attorney for the organization ASA (Americans for Safe Access), the time may come soon to sue individual counties over their participation in a program to proide ID cards to medical marijuana patients.
From Howard Yune at the Marysville Appeal-Democrat:
http://www.appeal-democrat.com/news/counties-93617-county-marijuana.html
After Sutter County supervisors' refusal to issue identification cards to medical marijuana users, cannabis advocates say a lawsuit to force the program into being is their possible next step.
A lawyer for Americans for Safe Access said Thursday the group may launch litigation against the county to force it to issue the cards, which help those using the drug under a doctor's direction identify themselves to law enforcement as legal medical users. State law requires such programs in all counties, but the Board of Supervisors on Tuesday blocked the launch of its own program by a 3-2 vote.
County officials "are saying 'We recognize this as state law, but we'll flout it nonetheless,'" said Joe Elford, an Oakland-based attorney for the group, which campaigns to overhaul marijuana laws nationwide. "They have the obligation to obey this regardless of their personal views on medical marijuana."
Still unclear is whether Sutter County could face state sanctions for resisting the ID card requirement, which passed in 2003 as Senate Bill 240. A spokeswoman for Attorney General Jerry Brown, Christine Gasparac, declined to comment Thursday on any possible enforcement action.
Americans for Safe Access previously has written other California counties warning legal action unless they issued identification for marijuana users, according to Elford, who credited the campaign for leading Solano County to start providing user cards in 2007.
Several counties initially resisted providing ID to cannabis users, and San Diego and San Bernardino counties led an unsuccessful fight to overturn the requirement in court. Sutter and Colusa counties are the last counties without a card program.
From Howard Yune at the Marysville Appeal-Democrat:
http://www.appeal-democrat.com/news/counties-93617-county-marijuana.html