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News (Media Awareness Project) - US CA: Medical Marijuana Group To File Suit
Title:US CA: Medical Marijuana Group To File Suit
Published On:2009-01-06
Source:Reporter, The (Vacaville, CA)
Fetched On:2009-01-06 18:10:22
MEDICAL MARIJUANA GROUP TO FILE SUIT

A Bay Area organization supporting medical marijuana users said it's
filing suit against the Solano County Board of Supervisors and the
county's Health and Social Services Department to force them to
implement a state-mandated medical marijuana identification card program.

The group, Americans for Safe Access, announced Monday that it would
be seeking a writ of mandate -- basically an order to comply with
existing law -- from Solano County Superior Court requiring that the
county comply with California's Compassionate Use Act for medical
marijuana users.

The suit also lists medical marijuana users identified as Linda
Jimenez and "John Doe" as petitioners in the case.

Americans for Safe Access spokesman Kris Hermes reported that
California law adopted in 2003 requires all counties in California to
offer a marijuana ID card program to assist medical marijuana users
and to make it easier for law enforcement to identify legitimate
patients and their caregivers.

Since then, Hermes said, 40 of California's counties have put
together medical marijuana ID programs, and another 11 are on their way.

The Solano County Board of Supervisors first discussed implementing a
medical marijuana identification card program in 2006 but voted not
to do so. Americans for Safe Access reported that letters requesting
compliance were sent to the Board of Supervisors on Aug. 11 and Oct.
28, 2008, but neither the supervisors nor the county Health and
Social Services Department complied.

In a prepared statement issued Monday, Oakland attorney Joe Elford,
chief counsel for the group, said it was time for Solano County to
comply with state law.

"Solano County cannot simply flaunt its obligation under the law,"
Elford stated. "This lawsuit is aimed at forcing counties like Solano
to fully implement state law and to stop denying medical marijuana
patients their legal rights and protections."

Solano County Counsel Dennis Bunting said he had been informed that
the group had been preparing to file an action on the medical
marijuana ID issue, but had not yet received a copy of the petition
for writ of mandamus and could not comment on it.

The Board of Supervisors, he said, is scheduled to revisit the
subject during a closed session discussion next Tuesday.
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