“The response has been overwhelming,” says Madeline Martinez, Executive Director of Oregon NORML. “We are excited to be able to provide a safe place for patients to medicate that is out of public view within the guidelines of the Oregon Medical Marijuana Act (OMMA).”

Many patients travel to Portland for medical care and treatment and have no place they can go to use their medicine during those often exhausting and intensive trips. “Do they go out into an alley and hide in the back of their car?” Martinez said. “There needs to be a place, much like our meetings, where people can socialize and network.”

In the week since the announcement of the café’s opening, stories have appeared in most major Oregon newspapers and television stations. Martinez appeared on OPB’s Think Out Loud talk show and attended the local neighborhood association meeting to reassure the public that the café will be operated at the highest of standards and strives to be a positive addition to the area.

Members must be registrants of the Oregon Medical Marijuana Program (OMMP) and members of Oregon NORML to gain entrance to the café. Please contact Oregon NORML for more information on the message line 503-239-6110. Details and information will also be available at www.ornorml.org as they become available.

When I first read the article entitled “Stiletto Stoners” in Marie Claire magazine this month, I thought, “Wow, I can’t believe they’re talking about this ‘taboo’ subject.” The article dives into the lives of young professional women who enjoy smoking marijuana at the end of a long work day.

These are the women who are choosing to smoke a “plant” to relax instead of downing a vodka martini or a Xanax. These are the women who are making the smarter “safer” choice. Many women would rather take a few puffs of cannabis and feel great the next day instead of being hung over from alcohol, or groggy from prescription medications that doctors give out like candy (both being completely legal).

I have been an activist with the National Organization for the Reform of Marijuana Laws for about a year. During this past year, one thought that always lingered in my head was, “how can we end the stigma surrounded by marijuana?” You know the old sayings “pot head” “Rastafarian” “lazy stoner”.

Our opponents of the marijuana law reform movement use these stigmas to their advantage which is most likely why half of them are still around. They advertise slogans such as “smoke pot and you can become a burrito taste tester” or “a couch potato remote controller specialist.” They are basically implying that if you smoke pot you will amount to nothing and become a loser “pot head” who can’t accomplish anything in life. Really? So how is it that young professional women in powerful positions with tons of responsibility can smoke marijuana and still work 12 hour days? Doesn’t make much sense does it? So why is there still this stigma about marijuana? Because professional women around the country have not “come out of the closet.” It’s not often that you see a typical “pot head” wearing “stilettos.”

Women are so “hush hush” about using marijuana because of two basic fears; losing their jobs and facing criminal prosecution. I am surrounded by my close female friends who are all in their mid-twenties and just starting their careers. These are women who are teachers, managers, nurses, and even some who work for the local, state, and federal governments. Although they all wholeheartedly support ending marijuana prohibition they all fear coming out and saying so. Most of them fear that if they speak out the authorities will be after them or they will get fired because of it. It takes a lot of courage for young professional women to come out of the closet, which is why in the Marie Claire article the names of the women in the stories were changed. Although this article is a huge step in the right direction because it spreads awareness of marijuana prohibition, we still need more women to come forward.

Fortunately, I don’t need courage to come out of the closet. I don’t have the two basic fears most women do. I work as a paralegal for an attorney (also a “Stiletto Stoner” and a member of NORML’s legal committee). That being said, the first fear for me is completely moot. Now I wouldn’t say I have no fear of criminal prosecution because that would be naïve, but it does ease your nerves working in the legal profession and knowing your rights. As a member of the NORML organization, I know I have some of the best criminal defense attorneys in the country on my side. So for me it doesn’t take courage. I’m proud to be able to put a name and face to the “Stiletto Stoners” and to be fighting against the War on Drugs.

There are women in the marijuana law reform movement who are professionals, mothers, grandmothers, patients and even retired law enforcement. Cheers to them all for having enough courage to come out and stand up for their rights, our rights, and the rights of our future generations. Ladies, lets all come out of the closet to end this stigma associated with marijuana and end marijuana prohibition for good!

Delia Pratico
Board of Directors, NORML NJ
(National Organization for the Reform of Marijuana Laws New Jersey)

(Russ adds: What do you think of the term “Stiletto Stoners”? Discuss it in the comments and vote on our poll at the Daily Audio Stash.)

Paypal, the well-known internet payment company has told California NORML that it will no longer accept payments to our “type of business” because we accept listing payments from cannabis-recommending physicians.

After years of offering free listings to physicians and collectives at our website http://www.canorml.org, CaNORML began charging a yearly listing fee to cover our costs last year.

PayPal froze CaNORML’s account in June, saying that by accepting listing fees fromcollectives, we were violating their Acceptable Use policy, which says, “you may not use PayPal in the purchase or sale of narcotics.” Although narcotics were not being sold over the CaNORML site, we reluctantly agreed to stop accepting listings fees from collectives that dispense medical marijuana, recognizing that even though they are legal under state law, they are illegal under federal law.  However, we  continued to accept payments online from doctors, attorneys, and members.

Now PayPal has stopped accepting payments from the CaNORML site because we continued to accept listing payments from physicians.

Under a ruling upheld by the U.S. Supreme Court (Conant v. Walters, 2003), physicians have the first amendment right to discuss and recommend medical marijuana for their patients, although they may not distribute it or help patients in finding it. PayPal was informed of this and wrote back, “We are not arguing the legality of this issue; we are simply stating that we have made the business decision to not be involved with this type of business.”

Because of its discriminatory policy and  disregard of physicians’ first amendment rights, CaNORML submits that PayPal is not the “type of business” to be used by those who advocate for human rights. We will file a complaint with the federal banking committee over their practices.

Located in San Jose, California, PayPal was founded in 1998 and was acquired by eBay (California gubernatorial candidate Meg Whitman’s former company)  in 2002.

Complain to: PayPal, 2211 N 1st St, San Jose 95131 (408) 376-7400

Dale Gieringer, CA NORML

[Statement of Paypal's Accceptable Use]

Hello,

We appreciate the fact that you chose PayPal to send and receive payments for your transactions.

Under the Acceptable Use Policy, you may not use PayPal in the purchase or sale of narcotics, steroids, certain controlled substances, products that present a risk to consumer safety or drug paraphernalia.  PayPal makes such decisions after reviewing laws, regulations and other actions by governmental agencies, other available evidence, and marketing content related to the product.

The complete Acceptable Use Policy can be found at the following URL:
http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/use/index_frame-outside

To learn more about the Acceptable Use Policy, please refer to our Help Center page here: https://www.paypal.com/cgi-bin/helpweb?cmd=_help

We are hereby notifying you that, after a recent review of your account activity, it has been determined that you are in violation of PayPal’s Acceptable Use Policy regarding your sales at http://www.canorml.org/prop/collectivetips.html.  PayPal cannot be used to accept fees for listing information related to marijuana dispensaries, delivery services and cannabis physicians.

Chris Goldstein and Russ Belville are collecting all the photos, audio, and video from the conference for upload as the day continues.

1. Thursday, September 24
   11:00am – 2:00pm Pacific Time
2. Friday, September 25
   11:00am – 2:00pm Pacific Time
3. Saturday, September 26
   3:00pm – 6:00pm Pacific Time

The show will be hosted by “Radical” Russ Belville, but with very limited commercial interruption and the occasional narration.  After the shows broadcast remotely in the difficult wireless environment of Portland’s Kelley Point Park and the noisy backstage of the Boston Freedom Rally, Russ is excited to present an indoor event that will take its audio directly from the conference PA system.

Thursday’s show will begin with a presentation by Dr Brooks J Kelly, Ph.D, Chief science officer for Genovations Laboratory, Cannabis Therapeutics, and then will feature panels on Individual Patients, Caregivers, and Small Patient Collectives in California and other medical marijuana states, including:

Patient and Caregiver rights under 215/SB420

• Possession: current caselaw and statutory law
• Cultivation: current caselaw and statutory law
• Transportation: current caselaw and statutory law
• Obtaining Cannabis: where and how to get it
• Patients Not Authorized to:
  distribute to other patients
  distribute “excess” to clubs
  engage in conduct harmful to others

Cannabis Patient rights (or lack thereof):

• No right to protection from employment discrimination
• No protection from Feds or other states
• Student loans
• Section 8 housing
• Small collectives: formation, cultivating, obtaining of medicine, money considerations
• Interaction with Law Enforcement

Your panelists will include Dr. David Bearman, Chris Conrad, Omar Figueroa, Esq., Zenia Gilg, Esq., Dr. Frank Lucido, and your moderator is William Panzer, Esq.

Friday’s show will begin with a panel on Pot Politics 2009 and Beyond.  A record number of state legislatures debated marijuana law reform in 2009; a nationwide panel of experts discusses our progress.  Our moderator is Keith Stroup, Esq., NORML, speaking on Federal Legislation, and also includes:

• Chris Goldstein, Director, Penn. For Medical Marijuana
• Rob Kampia, Executive Director, Marijuana Policy Project
• Dan Linn, Executive Director, Illinois NORML
• Madeline Martinez, Director, Oregon NORML, member of NORML’s board of directors
• Jesse Stout, former Director of RIPAC
• Ken Wolski, RN, Director, Coalition for Medical Marijuana NJ

We follow with a luncheon with travel author and NORML advisory board member Rick Steves presenting the ACLU DVD: ‘Marijuana: Its Time for a Conversation’, and close by asking “Has support for legalization reached a critical mass/tipping point?”  According to national polls, public support for legalizing marijuana has never been higher. Why now? And how do we mobilize this public support into political change? Leaders in the drug law reform movement discuss these trends, and what they portend for future reform efforts.  Our moderator is Dave Fratello, Coast Campaign Group, and the panel includes:

• Dale Gieringer, Ph.D, Director, CA NORML; member of NORML’s board of directors
• Rich Lee, Proprietor of ‘Oaksterdam University’ and Campaigner for ‘The Regulate, Control, and Tax Cannabis Act of 2010′
• Harry Levine, Ph.D, Queens College

Saturday’s closing show will feature a look at Marijuana Legalization As a Local, State, Federal Revenue Stream. In today’s sagging economy national, state and local leaders are looking for alternative streams of revenue. They should look no further than to America’s #1 cash crop: cannabis.  Our moderator is Dale Gieringer, Ph.D, Director, CA NORML, and the panelists include:

• Jon Gettman, Ph.D
• Rebecca Kaplan, Oakland City Council
• Mark Kleiman, Ph.D, UCLA

We follow with a panel on Cannabis and Athleticism. Some of the nation’s top athletes discuss why today’s pros are turning to cannabis — and away from alcohol and painkillers — off the field, and question why pro sports leagues are continuing to sanction those who do.  Our moderator is Steve Bloom, Author, Pot Culture; editor, celebstoner.com and the panelists include:

• Toby Grear, MMA fighter,
• Sean Neumann, Documentary Filmmaker; former ESPN producer
• Mark Stepnoski, Former All-Star NFL football player, NORML Advisory Board
• Rob Van Dam, Professional wrestler

Our three-part special show concludes with a talk from Rick Steves, TV host/best-selling travel author, NORML Advisory Board

Please join us for unparalleled access to the heart of marijuana law reform, nine total hours of content from the best and brightest minds in the movement, all absolutely free for you on the internet, courtesy of the donations of stakeholder cannabis consumers and liberty lovers all across this country who donate to and volunteer with NORML.  Mark us as a favorite on BlogTalkRadio and post us on your Twitter and Facebook with the tag #NORML.

Linda Adler, the founding executive director, is seeking to make the islands a prime destination for tourists from the mainland’s thirteen medical marijuana states, who lack protection for their medical use when vacationing (Hawaii’s medical marijuana law does not recognize medical recommendations from other states). “This is heavily about tourism,” she says. “We are planning to include wording that not only allows someone with a state issued medical card to come and use, but those world wide travelers that come to the Virgin Islands coming from legal countries will be able to get a temporary card for their stay providing they bring required documentation.

“Just the decriminalization aspect of what we are pushing will allow any tourist to partake and risk only a civil fine of about $150 for up to 2 oz. of cannabis,” Adler continues. “Tourism makes up 70% of the GDP for the USVI. We will, as a chapter, promote before and after the fact to the domestic and international pro-cannabis sectors, both for financial support to get the law changed, but then to promote safe tourism for the so-inclined tourists.”

Also a part of Adler’s plans, should they succeed with decriminalization in the islands, is the building of a NORML St. Thomas Hotel, a resort destination open only to NORML members (who may join at the front desk) that caters to the needs of cannabis-friendly clientele and returns a substantial donation for NORML annually.

Virgin Islands residents interested in joining with USVI NORML can contact Linda at lovingadler ‘at’ gmail.com. More information can be found on the web at myspace.com/usvinorml.

While 4/20 has become an national phenomenon of sorts, and is the launch date these days for numerous commercial products and services directed at America’s cannabis consumers, this remarkable day in my view has lacked a certain degree of needed gravitas– with ‘4/20′ looking more like a ‘party in the park’ than genuinely organic socio-political events that elected policymakers and the media should take seriously.

However, I’d like to highlight the Colorado University chapter of NORML for not only holding the largest organized annual ‘4/20′ event in the world–but for recognizing this year, a year marked so far by an ever-growing voter sentiment about the need to legalize cannabis–that ‘4/20′ provides cannabis law reform advocates a prime annual opportunity to do far more than just protest in the park by convening a day-long, substantive conference in advance of ‘celebrating cannabis’ the next day by exploring logical and effective alternatives to cannabis prohibition.

NORML encourages college chapters of NORML and SSDP to follow CU NORML’s lead by organizing ‘marijuana forums’ on their campuses next week, as college students are disproportionately arrested at higher rates than most other subgroups of Americans for cannabis possession charges and can be denied access to federal loans for college if convicted of a single cannabis possession offense.

Despite President Obama’s unfortunate inability to take Americans’ current calls for cannabis law reforms seriously, there is nothing funny about cannabis prohibition in America. Next weekend at The University of Colorado at Boulder, students, activists, professors, lawyers and doctors, as well as proponents of cannabis prohibition will engage in serious-minded discussion and symposiums about how to move forward into the near future by crafting functional cannabis policies at the state and federal level.

National Marijuana Forum
April 18-20, 2009
University of Colorado, Boulder

For a complete schedule, check out NORML@CU!

Cannabis experts from all over the country will converge in Boulder,
Colorado from April 18-20 for the 2009 National Marijuana Forum, which will
bring together local and national experts to discuss cannabis reform. The
events will culminate on Monday, April 20 with the celebration of 4/20:
International Cannabis Day.

The National Marijuana Forum will be the foremost assessment on the current legal, scientific, environmental and social issues related to cannabis. Experts from all fields including marijuana law reform activists, law enforcement officials, medical experts, environmentalists, journalists and awarded scientists will participate in panels and lectures. The forum will serve to educate, enlighten and empower members of the CU and Boulder community on all current issues regarding marijuana in an unbiased
environment.
—————————————————————–

DATE: Saturday, April 18. 2009
LOCATION: Mathematics 101
Near the intersection of Colorado and Folsom
TIME: 7:00pm
TOPIC: Keynote Address
Jessica Peck Corry – Executive Director of the Colorado Civil Rights
Initiative
Keynote Political speaker Jessica Peck Corry will participate in an open
discussion regarding the legal status of marijuana. The speaker will
discuss current reform and federal drug enforcement surrounding marijuana.
They will also discuss the legal channels in which reform

—————————————————————–

DATE: Sunday, April 19, 2009
LOCATION: Eaton Humanities 1B50
Just North of the Norlin Quadrangle
TIME: 11:00am
TOPIC: Welcome Panel

Speakers:
- Allen St. Pierre – Executive Director, NORML
- NORML@CU Board of Directors

Preceded by an empowering and inspirational talk to kick off The National Forum on Marijuana, this welcoming panel will discuss the legal status of marijuana in the current day. The two leaders of the National Reform of Marijuana Laws will lay the foundation for the day’s topics and discussions. NORML@CU will then provide an overview of the forum and speak on the mission behind it.
—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 12:00 pm
TOPIC: Health and Marijuana
- Dr. Robert Melamede – Endocannabinoid Specialist, UCCS Professor
- Scott Karr Esq. – Attorney for THC Foundation

An overview of marijuana and its effects on the human body.

—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 12:30pm
TOPIC: Hemp: A stepping-stone on a path to a sustainable future

- Allen St. Pierre – Executive Director, NORML
- Michael West – Education Director, CU Biodiesel
- Laura Kriho – Colorado Hemp Initiative Project

Until the end of World War II, hemp was a vital resource in the American
industrial textile industry. Hemp refers to the non-psychotropic cannabis
strains that can produce various products including oil, fabric, and food.
This panel will present the history of the American hemp industry, its
current legal status, and possible solutions to climate disruption and
economic recession.
—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 1:00pm
TOPIC: History of Marijuana Prohibition

- Kevin Booth- Award Winning Filmmaker/Activist
- Mason Tvert – Executive Director, SAFER

Marijuana’s vibrant history spans multi-millennia, yet only recently has it
been prohibited. This lecture will present the history of the marijuana
drug prohibition in the United States. Leaders in drug reform will provide
valuable insight into all aspects of marijuana laws and illicit status.
—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 1:30pm
TOPIC: The State of Medical Marijuana

- Tom Sloan – Commander, Boulder County Drug Task Force
- Devin Koontz, Food and Drug Administration
- Scott Karr Esq. – Attorney for THC Foundation
- Brian Vicente Esq. – Executive Director, Sensible Colorado
- Michael Lee – Founder of Cannabis Therapeutics

With medical marijuana constantly evolving, this panel will discuss
current, past, and possible future laws regarding the medical use of
marijuana. We will look at the current applications of medical marijuana in
Colorado. Emerging research will be discussed and analyzed.
—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 2:00pm
TOPIC: Federal and State Laws

- Tom Sloan – Commander, Boulder County Drug Task Force
- Devin Koontz, Food and Drug Administration
- Lenny Frieling Esq.- Retired Lafayette Judge
- Allen St. Pierre – Executive Director, NORML
- DEA Special Agent (tentative)
State vs. Federal Laws: Federally, marijuana is still seen as prohibited.
However, medical marijuana is legal at a state level in 13 states. In
addition, if over the age of 21, marijuana possession is legal to a certain
extent in many cities nationwide, including Denver, Colorado. This panel
will discuss the differences in laws at each level and explain the
stratification in the legal process.

—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 2:30pm
TOPIC: Marijuana Law Reform: Past, Present, and Future

- Allen St. Pierre – Executive Director, NORML
- Mason Tvert- Executive Director, SAFER
- Jonathon Perri – Students for Sensible Drug Policy, San Francisco
- Brian Vicente Esq. – Executive Director, Sensible Colorado
Since the prohibition of marijuana there have been many social movements
striving to legalize and utilize marijuana. This panel is comprised of a
diverse group of activists that have played important roles in the reform
of marijuana laws. The panel will discuss current legislation, possible
legislation for your hometown, past breakthroughs in reform, and future
goals.
—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 3:15pm
TOPIC: Cannabis Cultural Icons

- Steve Bloom – Former Editor of High Times
- Kevin Booth – Award Winning Filmmaker/Activist

This panel will look at the societal aspect of marijuana, including its
cultural significance, ties to media and entertainment, and how it affects
culture. The panel will include celebrities, journalists, and other
well-known figures that are heavily involved in the cannabis culture.
—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 4:00 PM
TOPIC: The Great Debate: Marijuana Legalization vs. Marijuana
Criminalization

- Allen St. Pierre – Executive Director, NORML
- Drug Free America (TBA)
As Federal government has failed to address marijuana prohibition since the
Schaffer Commission, this debate will look at opposing viewpoints on the
legalization of marijuana. This talk will bring in experts from both sides
of the issue to discuss the current legal status of cannabis and whether or
not it should be legalized.
—————————————————————–
DATE: Sunday, April 19, 2009
TIME: 4:45pm
TOPIC: Closing Panel

- Allen St. Pierre – Executive Director, NORML
- NORML@CU
This panel will bring together both sides of the debate and summarize the
day’s events. The talk will bring the forum full-circle and discuss the
future of marijuana prohibition, law reform, and how students can empower
themselves to make right decisions and become active citizens in the U.S.
—————————————————————-
DATE: Sunday, April 19, 2009
TIME: 7:00pm
TOPIC: American Drug War Film Screening
LOCATION: Cristol Chemistry Building Room 140
http://www.americandrugwar.com/

The War on Drugs has become the longest and most costly war in American history, forcing one to ponder how much more the country can endure. Inspired by the deaths of four family members from “legal drugs,” Texas filmmaker Kevin Booth sets out to discover why the War on Drugs has become such a colossal failure. Nearly four years in the making, the film follows gang members, former DEA agents, CIA officers, narcotics officers, judges, politicians, prisoners, and celebrities. American Drug War shows how money, power, and greed have not just corrupted dope fiends but an entire government. More importantly, it shows what can be done about it. This is not a mere pro-drug stoner film, but a collection of expert testimonials from the ground troops on the front lines of the drug war; those who are
fighting in it and those who are living it.
—————————————————————–
HAPPY 4/20!!!!

DATE: Monday, April 20, 2009
TIME: 4:20pm, of course!!!
TOPIC: 4/20 International Cannabis Day Celebration/Protest
LOCATION: Norlin Quadrangle, CU Campus

4/20 is International Cannabis Day, a holiday celebrated by millions of
people throughout the world. Every year on 4/20 at 4:20 pm, citizens
worldwide gather together to celebrate their favorite plant. Last year,
more than 10,000 people gathered at CU’s Norlin Quadrangle to celebrate the
4/20 holiday. This year, NORML@CU expects more than 15,000 people. While
NORML@CU is not a sponsor of the 4/20 celebration/protest, the group has
worked with CU Police to ensure that this year’s protest will be as safe
and uneventful as it has in the past.

HAPPY 4/20!!!!
—————————————————————–
For a complete schedule and speaker information, see:
NORML@CU
http://www.normlcu.com/

“With the state in the midst of an historic economic crisis, the move towards regulating and taxing marijuana is simply common sense. This legislation would generate much needed revenue for the state, restrict access to only those over 21, end the environmental damage to our public lands from illicit crops, and improve public safety by redirecting law enforcement efforts to more serious crimes”, Assemblyman Ammiano said. “California has the opportunity to be the first state in the nation to enact a smart, responsible public policy for the control and regulation of marijuana.”

The proposal is the first marijuana legalization bill ever introduced in California.

“It’s time for California taxpayers to stop wasting money trying to enforce marijuana prohibition, and to realize the tax benefits from a legal, regulated market instead,” said Dale Gieringer, director of California NORML, a sponsor of the bill.

As introduced, Ammiano’s measure would allow for the licensed production and sale of cannabis to consumers age 21 and over. Licensed cultivators would pay an excise tax of $50 per ounce of cannabis. In addition, the proposal would impose a sales tax on commercial sales. (Ammiano’s proposal would not affect the state’s medical marijuana law, allowing patients and caregivers to grow their own medicine.)

If enacted, the measure would raise over $1 billion per year in state revenue, according to an economic analysis by California NORML, available online here.

Ammiano’s bill comes at a time of growing public support for legalizing marijuana. A recent Zogby poll reported that nearly six in ten west coast voters support taxing and regulating marijuana like alcohol.

Faced with a $40 billion budget deficit, other public officials have joined in endorsing Ammiano’s bill, including San Francisco Sheriff Mike Hennessy and Betty Yee, a member of the State Board of Equalization, which oversees collection of sales taxes.

Currently, tens of millions of dollars are paid annually in state and local taxes by licensed distributors of medical marijuana. However, these sales only represent a fraction of the overall statewide marijuana market. “The millions of dollars raised each year on the sales of medicinal cannabis is only the tip of the iceberg,” Gieringer said. “Kudos to Assemblyman Ammiano for proposing a path-breaking bill that would benefit our economy, safety and freedom by making marijuana a winning proposition for California.”

The California Court of Appeals, Fourth District, ruled yesterday that the state law requiring counties to issue identification cards to authorized medical marijuana patients is constitutional and must be implemented by the counties.

The suit had been brought by the County of San Diego against San Diego NORML and the state of California, alleging the provisions included in SB 420, adopted by the legislature in 2003, were preempted by federal law and were therefore unconstitutional. San Diego NORML had been named as a defendant, because they had publicly threatened to sue the county if they refused to implement the patient identification cards.

In a unanimous 39-page decision issued by Justice Alex McDonald, the three-judge panel undertook a thorough analysis of the legal doctrine of federal preemption, finding SB 420 was not in direct conflict with federal law, and rejected the county’s challenge.

The court found that a local government entity “charged with the ministerial duty of enforcing a statute generally does not have the authority, in the absence of a judicial determination of unconstitutionality, to refuse to enforce the statute on the basis of the (entity’s) view that it is unconstitutional.”

The court continued, “We conclude the identification card laws do not pose a significant impediment to specific federal objectives embodied in the CSA. The purpose of the CSA is to combat recreational drug use, not to regulate a state’s medical practices. The identification card laws merely provide a mechanism allowing qualified California citizens, if they so elect, to obtain a form of identification that informs state law enforcement officers and others that they are medically exempted from the state’s criminal sanctions for marijuana possession and use. ”

The court further ruled, “Congress does not have the authority to compel the states to direct their law enforcement personnel to enforce federal laws.”

San Diego NORML is represented in this matter by Adam B. Wolfe, Esq., staff counsel with the ACLU Drug Law Reform Project out of Santa Cruz, CA.