Hadn't this been put to bed last year..??

[Seamaiden]

I could have sworn that the SCOTUS's refusal to hear San Diego county's case (and if I recollect San Berdoo, Marin and I think another county jumped in) regarding their refusal to issue state ID cards as outlined by Proposition 215 had essentially put to bed any given county's future refusals. In other words, I was under the impression that a county cannot refuse to act in accordance with state law, and that Prop. 215 dictates that each of California's 58 counties must, again I believe via their Departments of Health, issue ID cards to any resident wishing to participate in what remains now of AB420.

April 12, 2010

Sutter County supervisors refuse to issue medical pot cards

In 2003, the Legislature and Gov. Gray Davis gave medical pot patients what amounted to a stay-out-of-jail card.
Senate Bill 420 created a optional medical marijuana card that patients with physicians recommendations for pot could acquire as a formal identification to show any inquiring law enforcement official. The state cards are issued by virtually every California county.
But not Sutter County. Supervisors there voted against issuing the cards, infuriating medical marijuana advocates.
"It really leaves the residents of Sutter County hanging high and dry compared to everybody else in the state," Dale Gieringer of the California chapter of the National Organization for the Reform of Marijuana Laws told the Appeal-Democrat newspaper in Marysville.

So.... what am I missing here? There is recent, precedent setting case law that appears to be 100% applicable. If Sutter County is allowed to do this, then what stops any of the other counties from refusing to comply with state law?

For the record, I personally refuse to obtain a state ID card. But I believe that counties should be in compliance with state law, especially if it may violate any rights of citizens.

 

[BOSSMAN88188]

I am with you Seamaiden.
I will not get one myself. I do not trust the D.A in my county.
She said in an interview the county cards were completely private.
Then in her next sentence say's Med patient's must not want to be legit because only 102 or so had applied for the card. Yeah real private.

Our only hope is that the supreme court seams to be making descent decisions.