12:57 PM PDT on Thursday, July 31, 2008
State appellate court judges today turned aside a challenge by San Bernardino and San Diego counties to California's Medical Marijuana Program Act.
The counties had argued that the state law conflicted with the federal Controlled Substance Act, and that the federal law should take preempt the California act.
But the three judges who heard the case in San Diego ruled that the conflict the counties claimed does not exist, citing the "distinct provisions of the exemptions from prosecution" under the California law.
The judges also rejected San Bernardino County's claim that the identification card provisions of the Medical Marijuana Program Act are invalid.
The decision can be appealed to the California Supreme Court.
--Richard K. De Atley
rdeatley@PE.com
http://www.pe.com/localnews/inland/stories/PE_News_Local_S_webmarijuana.250560b.html
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