[OG Kush]

WHAT: Hearing on demurrers by the State and by SD NORML in the case of The County of San Diego v. The State of California and S.D. NORML
WHEN: Friday, June 9th at 2:30p.m.
WHERE: San Diego County Superior Court, Dept. 64, 330 W. Broadway, San
Diego - Honorable William R. Nevitt presiding.

THE CASE: Attorneys for San Diego NORML and for the state of
California will be asking for dismissal of a lawsuit by San Diego County challenging California's medical marijuana law next Friday,
June 9th before Superior Court Judge William Nevitt. The San
Diego lawsuit, which was joined by San Bernardino and Merced Counties, seeks to exempt counties from having to implement the state medical marijuana ID cards required under SB 420, on the grounds that Prop. 215 violates federal law.
San Diego NORML has filed for a demurrer to be dismissed from the lawsuit on the grounds that the county had no legitimate basis for naming SD NORML as a defendant in the first place. The county sued SD NORML on the grounds that SD NORML had threatened to sue it for failing to enforce SB 420. In NORML's reply brief, attorney Michael Reedy argues:
"What Plaintiff County relies on as justification for naming Defendant NORML simply begs the appropriate question: should government entities such as Plaintiff County resort to hardball tactics of expensive litigation aimed at organizations and citizens, in order to quell simple demands that government officials and
agencies obey the law. Defendant NORML believes this behavior is
entirely inappropriate."
SD NORML also challenges the county's contention that it should not be obliged to follow SB 420 or Prop 215 because to do so violates federal law.
The state of California has also filed for a demurrer asking for dismissal of the lawsuit. In a brief by the Attorney General, the state argues that San Diego county lacks legal standing to challenge state law.
The court will be hearing both demurrers this Friday, June 9th. Copies of the briefs by SD NORML and the AG are available on request from Cal NORML.


Newshawk: SX420 - 420Girls.com
Source: 420Times.com
Author: Dale Gieringer
Copyright: 2006 NORML
Contact: canorml@igc.org
Website: www.norml.com