Lit_Match

Medical marijuana group to file suit
01-06-09|The Reporter|By Brian Hamlin

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.

[There is a comments section available for this article.]

__________________
Donation links to NORML (The National Organization for the Reform of Marijuana Laws) | MPP (Marijuana Policy Project)