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Patients Get a Voice in CA Medical Marijuana Lawsuit
08-07-06 | DrugPolicy.Org

Thursday, August 3, a San Diego Superior Court judge ruled that the Drug Policy Alliance (DPA), the American Civil Liberties Union (ACLU) and Americans for Safe Access (ASA) can intervene in a lawsuit brought by several California counties against the state over its Compassionate Use Act. The Compassionate Use Act makes medical marijuana legal for patients with a doctor's recommendation.

In the lawsuit, San Diego County, San Bernardino and Merced counties are arguing that federal laws making marijuana illegal trump state medical marijuana laws. However, the California attorney general's office issued an opinion last year that the state is free to make and implement its own policies, despite prohibition and enforcement at the federal level.

The California attorney general will defend the state in the case, with the groups intervening to represent the interests of patients, their caregivers and doctors. Daniel Abrahamson, director of legal affairs for DPA, said, "These county governments have ignored the needs of their sick and dying residents and the advice of California's physicians. By intervening in the lawsuit, patients will have the chance to confront their rogue county officials in court and defend the legality of the Compassionate Use Act."

Now that the groups have been permitted to intervene, they will file a motion for judgment on the pleadings. This will allow the Court to review the complaint and assess whether there is sufficient information, based on what has been argued, to enter judgment for or against San Diego and the other counties. This motion will be filed in September.