Jan 22, 2009
California, Postmus, San Bernardino, San Diego, Supreme Court
Unfazed by three consecutive legal defeats, the California counties of San Bernardino and San Diego last week asked the U.S. Supreme Court to hear their legal challenge to the state’s 12-year-old medical marijuana law. The 47-page petition – drafted on the public’s dime – is a last ditch effort by the two embattled counties to continue their policy of arresting medical marijuana patients even when the patients are in full compliance with state law.
Their reasoning? Well, all marijuana is illegal under federal law and states do not have the authority to set their own marijuana policies – according to these two rogue counties anyway. Never mind the fact that not a single judge has sided with the counties and that the U.S. Supreme Court has recently denied review of another California ruling which held that local police should enforce state – not federal – law.
This ongoing lawsuit is clearly unpopular with California voters, who overwhelmingly support medical marijuana access. Indeed, scores of citizens have pled with both county boards of supervisors urging them to drop the challenge over the years, and 78% of San Diego voters thought the lawsuit was a waste of money before it was even filed. But these local politicians have apparently determined that fighting this uphill battle is a wise use of public funds, regardless of California’s unprecedented budget crisis.
It does look like the San Bernardino supervisors might be becoming wary of defending their legal challenge, as it appears they violated California’s open meetings law in order to avoid explaining themselves to the public.
San Bernardino's supervisors are no strangers to controversy. In fact, former supervisor and outspoken opponent of medical marijuana Bill Postmus is currently facing charges for methamphetamine possession.
Oh, the irony!