Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Inland authorities are reformulating their enforcement policies for medical marijuana after the U.S. Supreme Court declined to hear a challenge of the state law filed by San Bernardino and San Diego counties.
However, authorities and experts agree that the high court's move may have little or no effect on many criminal cases already pending or city bans on medical marijuana co-ops and dispensaries.
On Monday, the Supreme Court announced it would not review the two counties' appeal after lower courts rejected their challenge of California's Compassionate Use Act of 1996, which permits medicinal marijuana use with a doctor's approval.
In 2003, the state Legislature passed a law spelling out regulations governing the use of medical marijuana, including a requirement that counties issue ID cards to patients who have letters from their doctors confirming the medical need. San Bernardino County, among several others, had not done so, saying federal law prohibiting marijuana use trumped state law.
Following Monday's court action, the San Bernardino County Sheriff's Department is amending its procedures and policies for investigating possession of marijuana for medicinal purposes, said sheriff's spokeswoman Cindy Beavers.
"Up until Monday, a deputy would at least issue a citation, but since the recent decision we will be looking what the medical marijuana law dictates, how dispensaries are operated and how cards will be issued," Beavers said.
San Bernardino County Assistant District Attorney Dennis Christy said in a small number of cases, medical marijuana users could have charges dismissed if they can show they had a doctor's recommendation and the legal amount of pot. But most pending cases will be unaffected, he said.
In Riverside County, the Department of Public Health has been issuing medical marijuana ID cards, but the county district attorney's office has maintained a stance that medical marijuana and dispensaries are not legal under federal law.
District attorney's officials said after the Supreme Court decision that they still stand by that stance.
The Riverside County Sheriff's Department is finalizing a new policy on its response to medical marijuana, said Chief Deputy Mitch Alm. He declined to elaborate on what that policy would be.
Several Inland cities have banned dispensaries -- retail outlets that sell medical marijuana -- or enacted moratoriums against their opening, including Beaumont, Perris, Moreno Valley, Highland and Hemet.
On Tuesday, the Beaumont City Council passed an emergency 45-day moratorium on medicinal marijuana co-ops, which are groups of people who are authorized to grow medical marijuana.
City spokeswoman Darci Carranza said the decision was not directly related to the Supreme Court's ruling, but followed a May 5 ban on dispensaries. The city did not have legislation addressing the co-ops, Carranza said.
Such bans are not likely to be affected by the Supreme Court's decision, said USC law professor Michael H. Shapiro. The court did not affirm that California's law was legal, Shapiro said; it only said that it would not review it.
However, the decision should erase some worries for dispensaries operating in cities that allow them. U.S. Attorney General Eric Holder said the Department of Justice would stop raids on clinics that operate legally under state law.
In a statement Tuesday, U.S. Department of Justice officials said the Drug Enforcement Administration would focus its resources on large-scale drug trafficking, rather than "individual patients with cancer or other serious diseases.'
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Press-Enterprise (Riverside, CA)
Copyright: 2009 The Press-Enterprise Company
Contact: Opinion | PE.com | Southern California News | News for Inland Southern California
Website: PE.com | Southern California News | News for Inland Southern California
Author: John Asbury
However, authorities and experts agree that the high court's move may have little or no effect on many criminal cases already pending or city bans on medical marijuana co-ops and dispensaries.
On Monday, the Supreme Court announced it would not review the two counties' appeal after lower courts rejected their challenge of California's Compassionate Use Act of 1996, which permits medicinal marijuana use with a doctor's approval.
In 2003, the state Legislature passed a law spelling out regulations governing the use of medical marijuana, including a requirement that counties issue ID cards to patients who have letters from their doctors confirming the medical need. San Bernardino County, among several others, had not done so, saying federal law prohibiting marijuana use trumped state law.
Following Monday's court action, the San Bernardino County Sheriff's Department is amending its procedures and policies for investigating possession of marijuana for medicinal purposes, said sheriff's spokeswoman Cindy Beavers.
"Up until Monday, a deputy would at least issue a citation, but since the recent decision we will be looking what the medical marijuana law dictates, how dispensaries are operated and how cards will be issued," Beavers said.
San Bernardino County Assistant District Attorney Dennis Christy said in a small number of cases, medical marijuana users could have charges dismissed if they can show they had a doctor's recommendation and the legal amount of pot. But most pending cases will be unaffected, he said.
In Riverside County, the Department of Public Health has been issuing medical marijuana ID cards, but the county district attorney's office has maintained a stance that medical marijuana and dispensaries are not legal under federal law.
District attorney's officials said after the Supreme Court decision that they still stand by that stance.
The Riverside County Sheriff's Department is finalizing a new policy on its response to medical marijuana, said Chief Deputy Mitch Alm. He declined to elaborate on what that policy would be.
Several Inland cities have banned dispensaries -- retail outlets that sell medical marijuana -- or enacted moratoriums against their opening, including Beaumont, Perris, Moreno Valley, Highland and Hemet.
On Tuesday, the Beaumont City Council passed an emergency 45-day moratorium on medicinal marijuana co-ops, which are groups of people who are authorized to grow medical marijuana.
City spokeswoman Darci Carranza said the decision was not directly related to the Supreme Court's ruling, but followed a May 5 ban on dispensaries. The city did not have legislation addressing the co-ops, Carranza said.
Such bans are not likely to be affected by the Supreme Court's decision, said USC law professor Michael H. Shapiro. The court did not affirm that California's law was legal, Shapiro said; it only said that it would not review it.
However, the decision should erase some worries for dispensaries operating in cities that allow them. U.S. Attorney General Eric Holder said the Department of Justice would stop raids on clinics that operate legally under state law.
In a statement Tuesday, U.S. Department of Justice officials said the Drug Enforcement Administration would focus its resources on large-scale drug trafficking, rather than "individual patients with cancer or other serious diseases.'
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Press-Enterprise (Riverside, CA)
Copyright: 2009 The Press-Enterprise Company
Contact: Opinion | PE.com | Southern California News | News for Inland Southern California
Website: PE.com | Southern California News | News for Inland Southern California
Author: John Asbury
