Following Cheech & Chong in the lineup are the newly re-formed band Sublime, which many will remember for their cover of “Smoke 2 Joints” among many others.  We’ll bring you some of their set as well.  I’ve also got an interview with “My Fair Brady’s” Adrianne Curry, Steve Bloom from Celebstoner discussing the celebrity panel, and PonyBoy from Los Marijuanos from Friday’s festivities.  Calling in to the show are Kottonmouth Kings and responding to her Jay Leno snub, 2006 Miss New Jersey Georgine DiMaria.  (All subject to change due to the chaotic nature of a festival!)

Interspersed with the live audio will be my interviews with many of the artists, celebrities, and just normal folks attending this two day outdoor festival.  Join us live at http://live.norml.org, where you can also participate in our online chat and speak live to the host and guests – dial in to 347-994-1810 to participate.

High court won’t hear county’s marijuana challenge
via SignOnSanDiego.com

The U.S. Supreme Court will not take up San Diego County’s challenge to state medical marijuana laws.

For more than three years the county has been fighting in court to overturn state laws that require counties to issue medical marijuana identification cards. The county contends federal law, which does not recognize medical marijuana usage, trumps the state law.

The county has lost that argument in state trial and appellate courts, and the state Supreme Court declined to take up the case, too. The county’s last, long-shot chance was to have the U.S. Supreme Court take up the case.

San Bernardino and Merced counties initially joined the suit, but Merced eventually dropped out. The high court also rejected San Bernardino’s petition to take up the case.

In other words, the oft-heard prohibitionist refrain that federal law trumps state medical marijuana laws has no legal merit.

None. Nada. Zero.

To anyone who has followed the unethical actions of the San Diego and San Bernardino Supervisors over the past three years, the Supreme Court’s refusal to hear their appeal shouldn’t come as a surprise. After all, the counties’ vapid arguments had previously been struck down — unanimously — by the Superior Court of the state of California the 4th District Court of Appeals.

In addition, the Legislative Counsel of California, the state Attorney General’s Office, and a majority of the California legislature had also previously determined that local politicians and law enforcement were obligated to uphold the provisions of California’s medical marijuana laws.

Finally, California’s constitution is also quite clear on this point — mandating that police have a sworn duty to uphold state law, not to enforce federal statutes.

Let’s be blunt: San Diego and San Bernardino’s protracted lawsuits — lawsuits that arguably cost county taxpayers hundreds of thousands of dollars and jeopardized the health and safety of thousands (if not tens of thousands) of citizens — were never about resolving legal ambiguity.

Rather, it was about the arrogance and recalcitrance of those who willfully chose to abuse their power and position to hamstring the will of the voters, the legislature, and the courts.

And while this particular legal battle is now over, our outrage shouldn’t be.

Pot Dispute Still Unresolved
via The San Bernardino County Sun

If state Attorney General Jerry Brown’s medical-marijuana recommendations released this week were meant to clarify a muddied issue caused by conflicting state and federal law, not all local officials saw the light.

… San Bernardino County and its Sheriff’s Department are challenging Brown’s recommendations with a petition to the U.S. Supreme Court.

“We still think the recommendation is in direct conflict with federal law,” said San Bernardino County sheriff’s spokeswoman Arden Wiltshire. “Our sheriffs believe federal law supersedes state law.”

… “I’m not sure if the new determinations make a difference or not, it’s too soon to tell,” said Fontana police Sgt. Jeff Decker. “We still treat a violation of marijuana possession as a violation of the federal law.”

This, of course, would be humorous if it wasn’t so pathetic.

Let’s review shall we.

The voters of the state of California approved legislation to exempt qualified medical marijuana patients from state arrest and prosecution in 1996 — that’s 12 years ago.

Since then, the Legislative Counsel of California, the state Attorney General’s Office, the Superior Court of California, the 4th District Court of Appeals, and a majority of the California legislature have all determined that local politicians and law enforcement are obligated to uphold the provisions of California’s medical marijuana laws.

California’s constitution is also quite clear on this point — mandating that police have a sworn duty to uphold state law, not to enforce federal statutes.

In short, there is no ‘confusion’ regarding the legality of California’s pot laws.

There is only arrogance and recalcitrance on the part of those who have chosen to abuse their power and position to hamstring the will of the voters, the legislature, and the courts.