Wide Acceptance of Medical Marijuana Worries Anti-drug Groups

The Temecula branch of Alternative Care Clinics (ACC) opened for patients as part of an emerging network of Inland Empire medical marijuana businesses. Just like any other physician’s office, the Temecula branch has white walls, soothing background music, and a receptionist’s window; however, in a corner case lays a marijuana cookbook as well as the “Medical Marijuana Survival Guide,” which are shared out to patients. It is located in a rented space in a commercial office district and is open once a week.

According to ACC’s Director of Operations, Jonathan Arbel, they used to get many questions about medical marijuana but now, the drug is being more familiar and acknowledged as a legitimate treatment for various diseases. ACC has offices located in LA, Palm Springs, San Diego, and Long Beach.

Its Temecula branch is filling out a market demand of medical marijuana. If patients are approved for treatment, ACC doctors give recommendations and an ID card, which aids them in avoiding problems with law enforcement agents. The Riverside medical marijuana branch of ACC does not have any marijuana on-site. More so, its staff is not allowed by law to disclose to patients where they can acquire marijuana. In addition, Tom Wiggins, Jr., administrator for a group of consultants of Inland Empire medical marijuana in Temecula said that the drug has been getting less negative feedback. Thus, such trend causes agitation to many local anti-drug groups.

Roger Anderson of the Inland Valley Drug Free Coalition said that they have remained apprehensive on the pro-drug movement that is happening in the Inland Empire. Anderson claimed that the Inland Empire medical marijuana users acquire the drug not to be treated but to get high.

As a state appeals court backed up a law that sets guidelines on marijuana, Palm Springs has become the first city in the county that allows Riverside medical marijuana collectives and dispensaries. Two Riverside medical marijuana collectives will be allowed to operate in an industrial zone.

Thus, the use and acquisition of medical marijuana has been vehement amidst policy changes as well as new court rulings. Attorney General Jerry Brown has released law enforcement guidelines in dealing with medical marijuana. The Riverside County Sheriff’s Department is ameliorating its policies on Riverside medical marijuana usage and acquisition. On the other hand, San Bernardino County still hopes to upend the state law in terms of medical marijuana.

Lanny Swerdlow, a prominent medical marijuana activist and registered nurse said that acquisition of the drug used to take a long drive to Los Angeles or Palm Springs; however, at least seven Riverside medical marijuana doctors in the county are now writing recommendations for their patients.

The legalization of medical marijuana in California was approved by 56% of voters in 1996, enacting Proposition 215. In 2003, the Medical Marijuana Program Act was passed by state lawmakers, which established an ID card system and rules for patients associated with cultivating and using marijuana. On the other hand, some counties still lament over medical marijuana’s legalization. San Diego and San Bernardino medical marijuana critics challenge the Act, claiming that it contradicts federal law.

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Riverside County Urged to Fight against Medical Cannabis

San Bernardino medical marijuana contesters claim that providing the drug to people regardless if they are authorized is a violation of federal law. They claim that the Federal Drug Administration has not approved smoked marijuana since it brings more harm than good to people and community.

This is in contrast to San Bernardino medical marijuana advocates who claim that the drug has been used in California for more than 10 years as treatment to various diseases.

The counties of San Bernardino and San Diego have joined the dispute against the issues brought to California by the legalization initiative of medical marijuana, Proposition 215. Members of the San Bernardino County Board of Supervisors had asked the state Supreme Court to intercede in the subsequent Medical Marijuana Program Act.

This action by the Board of Supervisors was in spite of the very small pro-legalization group, which protested against the county in a poor attempt to demand San Bernardino medical marijuana cards.

In 1996, voters had approved Proposition 215, a precursor to the Medical Marijuana Program Act that issued ID cards to qualified medical marijuana users. According to anti- marijuana groups, more than a quarter million Californians now have medical marijuana ID cards. Such number is nearly equal to the entire population of Riverside County, which is in its attempt to issue medical marijuana cards. Anti- marijuana groups added that the issuance of ID cards is at the expense of taxpayers using county employees and facilities to implement such program.

At least 1,000 Riverside medical marijuana ID cards have already been issued and contested by marijuana adversaries since they claim such money can be spent better on education and other legitimate services. In addition, according to marijuana adversaries, the Riverside medical marijuana legalization is continuously growing and its members pursue the sick in front of the media for their own selfish intentions.

Anti-marijuana groups continue to urge the banning or Riverside medical marijuana dispensaries and to stop issuing ID cards. These groups claim that continuance of such acts strengthen the Inland Empire as a region that was fooled more than 10 years ago for the approval of Proposition 215.

On the contrary, medical marijuana advocates claim that symptoms of various illnesses can be prevented and treated with marijuana. However, this has been contested by anti-marijuana people saying that smoked marijuana is not medicine.

Naturally, medical marijuana advocates fight this argument through a number of scientific studies related to the efficiency of marijuana as treatment.

The Inland Empire medical marijuana networks have affiliations with other pro-drug organizations nationwide. Thus, according to anti-marijuana groups, the only way to counter such wide affiliations of drug-legalization movements is to fight back as what the Inland Valley Drug Free Community Coalition has been doing together with over 700 other drug-free community coalitions in the nation. Such groups also work with volunteer teachers, youths, parents, and other community members.

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Nominal Effect of Attorney General’s Medical Marijuana Guidelines

The guidelines recently issued by the state attorney general have had minimal effect on the medical marijuana regulation of the Inland Empire.

In previous months, Attorney General Jerry Brown stated that licensed state cooperatives or less formal collectives are legal under California law. For-profit storefront dispensary operators may be arrested and prosecuted although the opinion of Brown is nonbinding. Brown has issued the guidelines in response to the decision of San Bernardino County’s Board of Supervisors to continue efforts in overturning the 2003 Medical Marijuana Program Act of California. The state’s 4th District Court of Appeal in San Diego has rejected claims by the counties of San Diego and San Bernardino that federal laws prohibiting marijuana pre-empt state law.

More so, the court has also rejected the argument of San Bernardino County that issuance of medical marijuana ID cards violated the state’s constitution. Riverside medical marijuana ID cards have been issued to patients in the county after the patients showed proof of residency and recommendation of a doctor. About 300 Riverside medical marijuana ID cards were issued requiring annual renewal. The cards cost $153, which finances the medical marijuana program.

In spite of the Riverside medical marijuana ID card availability, the county and almost every city in it has prohibited the operations of dispensaries. Riverside medical marijuana advocates claim that at least two medical marijuana outlets are operating in Palm Springs. Conversely, a Riverside medical marijuana dispensary was raided and shut down by county police officers.

The Riverside medical marijuana dispensary was operated by Lanny Swerdlow, a longtime marijuana proponent and registered nurse. Michael Jeandron, a spokesman for Riverside County District Attorney Rod Pacheco said that Pacheco has read the guidelines of Brown and is reviewing them; however, according to Jeandron, marijuana dispensaries are illegal in California.

Inland Empire medical marijuana opponents think that the opinion of Brown implies support for the legalization of medical marijuana. A Rancho Cucamonga organization, the Inland Valley Drug Free Community Coalition, sent Brown a letter, which asks him to support the court battle of San Bernardino County. The group that involves parents and law enforcement also wants Brown to back the right of communities to ban marijuana dispensaries. Roger Anderson, a spokesman for the coalition said that, “It appears he is siding with the drug legalization groups…What we want are for Brown to back off from his guidelines to law enforcement. They’ve made drug trafficking and drug dealing in California legal.”

On the other hand, Christine Gasparac, Brown’s spokeswoman disagreed, claiming that the “guidelines were written with input from law enforcement and patient advocates…Prop 215 is the law in California. The guidelines really are meant to clarify how to use medical marijuana. We’re not taking sides on this.”

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Riverside County: Medical Marijuana Guidelines Endorsed

The Riverside County Planning Commission had endorsed new guidelines for Riverside medical marijuana dispensaries and cooperatives as an act of compassion for patients. A mixed reaction was discerned from Riverside medical marijuana advocates to the proposed guidelines that would require Riverside medical marijuana dispensaries to dispense products only to patients with state-issued medical marijuana identification cards.

So far, about 340 ID cards were issued to Riverside medical marijuana patients. It should be recalled that the Riverside County was the first county in Southern California to start taking applications for the card.

Lieutenant Steve Thetford of the Riverside County Sheriff’s office had encouraged the commission to require the cards in order to aid police enforcers in distinguishing between those in need of medical marijuana for medication and those who attempt to access the drug for recreational purposes. Thetford who is an assistant police chief in Palm Desert said that a Riverside medical marijuana dispensary has worked with law enforcement in making sure that only qualified and authorized patients obtain marijuana. Thetford had told the commissioners that, “I am not here to pose argument about how we in law enforcement are dealing with the vague laws.”

In 1996, California voters had approved medical marijuana use with the recommendation of a doctor through the Prop 215 despite the fact that federal laws do not acknowledge the medical use of marijuana. In 2003, California lawmakers had approved a voluntary medical marijuana identification program in an effort to aid patients avoid arrests and prosecutions by law enforcement officers. Such law had made it mandatory for counties to process applications for patients to secure their ID cards.

Ronal Naulls, Riverside medical marijuana clinic operator said the requirement of the county would hurt dispensary operators. Furthermore, Naulls said that most of his clients in his Riverside medical marijuana clinic come from the counties of San Diego and San Bernardino where Board of Supervisors have decided not to issue the ID cards.

The Riverside County Planning Commission had voted 4-0 favoring the recommendations. Simultaneously, the decision eases some restrictions that had been implemented by county staff members.

The commissioners had also agreed the selling of marijuana edibles at Riverside medical marijuana dispensaries with permission from the Health Department. Deputy Director of Public Health, Michael Osur said that issue of allowing marijuana edibles had not yet been resolved at state level. In agreement with medical marijuana advocates, the new regulations established by the commissioners prohibit patients from smoking or using the drug at Riverside medical marijuana dispensaries. However, on-site use of a vaporized form of marijuana was approved by the commission.

Judy Smith Scott, a Murrieta resident said that the Riverside County was disregarding the 1996 Compassionate Use Act or Proposition 215, which did not include retailers to open up storefront shops. She added that the conspicuousness of dispensaries would send wrong impressions to young people about marijuana’s legitimacy.

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Doctors’ Medical Marijuana Recommendations at Riverside Clinic

Lanny Swerdlow, Palm Springs resident and marijuana activist, plans to open a Riverside medical marijuana clinic in an office building located at 647 N. Main St. in Northern Riverside. Swerdlow, who is a registered nurse and head of the Marijuana Anti-Prohibition Project, said that his Riverside medical marijuana clinic has a good location of the entire Inland Empire.

Consequently, the County’s residents who want to secure a doctor’s recommendation for medical marijuana could have a much shorter drive instead of traveling all the way to Los Angeles or Orange County. A spokeswoman for the Riverside County District Attorney’s Office, Ingrid Wyatt said that the proposed Riverside medical marijuana clinic would not violate the law as long as no marijuana is distributed or dispensed.

In reaction to Wyatt’s statement, Swerdlow said in an interview that, “We do not dispense any cannabis at all. We’re completely legal.”

California voters had approved Proposition 215, legalizing the use of medical marijuana. The State law permits people to use medical marijuana as long as they are qualified. This means that people suffering from cancer, glaucoma, AIDS-related illnesses, and multiple sclerosis among others should first secure a doctor’s recommendation prior to acquiring or using medical marijuana. Proposition 215 was followed by the Medical Marijuana Program Act, which provides ID cards for qualified patients in order to avoid arrests or other marijuana-related problems with law enforcement officers. The Act also instructs counties to establish their medical marijuana ID card program to aid patients in acquiring and using the drug.

Conversely, medical marijuana use is still a federal crime. In fact, federal authorities have shut down or raided Palm Desert, Corona, Norco, Perris, and Riverside dispensaries. Consequently, Swerdlow said that the only other physician in Riverside and San Bernardino counties who can provide medical marijuana recommendation is a Rancho Mirage doctor. As such, Riverside medical marijuana patients who want to secure recommendation have to travel to Coachella Valley or Orange County.

Swerdlow would operate the Riverside medical marijuana clinic under the supervision of The Hemp and Cannabis Foundation. The foundation is a nonprofit organization that operates medical marijuana clinics in four states including Washington, Colorado, Oregon, and Hawaii.

Furthermore, Swerdlow stated that several Inland Empire medical marijuana doctors have agreed to work at the Riverside medical marijuana clinic. More so, patients must be able to submit their medical records through fax since no diagnostic testing will be conducted at the clinic. After this, patients will undergo physical examinations and the staff and doctors of the Riverside medical marijuana clinic will check the medical histories of the patients.

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Differing Laws on Medical Marijuana Cause Confusion and Arrests

The voters of California passed Prop 215, which allows the use of medical marijuana more than 10 years ago. In some parts of the state, doctors and dispensaries are allowed to advertise their business openly. Local governments as well as police agencies accept medical marijuana use. Nevertheless, Inland Empire medical marijuana users, dispensers, doctors, and growers are not entitled to such freedom as they face local governments and police agencies that are against medical marijuana.

Medical marijuana dispensaries that have operated without the knowledge or approval of local governments have been sued, raided, and faced with ordinances, which disallowed them from operating in those communities. Sheriff’s deputies are ordered to arrest San Bernardino medical marijuana users for possession or cultivation of the drug regardless if they have state-sanctioned ID cards, which prove their status as medical users.

Much of the confusion and arrests of Inland Empire medical marijuana users and dispensaries were brought about by conflicting laws between the state and federal government as well as the newness of the program. In spite of the laws passed at the state level with regard to medical marijuana, these laws are predominantly enforced and implemented at the county level.

According to activists, San Bernardino medical marijuana-related issues have not been dealt with appropriately and as such, the county has the worst record among other local counties in terms of marijuana regulation.

In 2003, Senate Bill 420 was passed, establishing a state system, which requires the issuance of ID cards by county health departments to authorized medical marijuana users. The federal government, apart from unrecognizing the medical use of marijuana, does not concur with the state’s medical marijuana program. Counties including Los Angeles and Riverside have established their systems while San Bernardino continued to oppose such ordinances. The system established by the counties was designed to prevent both Los Angeles and Riverside medical marijuana users from being arrested by law enforcement agencies.

On the other hand, San Bernardino medical marijuana contesters including county officials do not acknowledge the ID cards issued by neighboring counties. More so, sheriff’s deputies are determined to arrest Los Angeles or Riverside medical marijuana users if they are not arrested in their own counties. According to Cindy Beavers, spokeswoman for the San Bernardino County Sheriff’s Department, the sheriff has not acknowledged marijuana’s legality and that under federal law, manufacturing, selling, or using of marijuana regardless of the purpose is illegal.

Beaver added that the sheriff ordered his deputies not to accept medical marijuana cards.

Director of the Marijuana Anti-Prohibition Project, Lanny Swerdlow, who is a Palm Springs resident claims he is particularly abreast and aware of both San Bernardino and Riverside medical marijuana issues. Swerdlow claimed that in early 2006, San Bernardino County was about to issue medical marijuana ID cards; however, the Board of Supervisors suspended the effort as the county joined a lawsuit by the San Diego County against the state. The lawsuit was based from the fact that the state’s medical marijuana program conflicted with the federal law.

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Medical Marijuana Patients Up for Medical Marijuana ID Cards

San Bernardino medical marijuana users who possess cannabis cards issued by the state may be protected from arrests and prosecution; however, not just anybody can apply. Jim Felten, public health director for San Bernardino County’s Department of Health announced that his office will begin processing applications for cannabis cards.

According to Felten, several requirements are needed to obtain cannabis cards. San Bernardino medical marijuana ID card applicants should have a written recommendation from a licensed physician encompassing the medical reason for using marijuana. More so, San Bernardino medical marijuana ID card applicants may only apply in the county where they reside.

The health departments of counties are responsible for reviewing the applications, which are sent to the state health department. The state health department will then administer the cannabis cards for qualified applicants.

The medical marijuana cards can offer evidence for law enforcement officers to determine if an individual can possess and use marijuana. In addition, the cannabis cards include a picture and a number linked to the medical marijuana user.

Apart from helping law enforcement officers, cannabis cards primarily offer legal protection for those bearing them. Take for instance, if a law enforcement officer encounters an individual possessing or using marijuana but has a cannabis card, the individual can show his/her card to the officer, who can then call a number confirming the individual’s qualifications to use marijuana.

On the contrary, just like the rules applied to alcohol and other drugs, a cannabis cardholder may go to jail if, say, he/she drives under the influence of marijuana. According to Andy Williams, a California Highway Patrol Officer, medical marijuana users with cannabis cards are still liable to arrest if driving under the influence of marijuana. In addition, cannabis cardholders are not allowed to use marijuana in a vehicle whether the user is a passenger or the driver.

Cannabis cardholders are likewise not allowed to smoke in public areas where smoking cigarettes are prohibited or even near schools and any other vulnerable areas. According to state law, medical marijuana users with cannabis cards are only allowed a certain quantity of marijuana to posses as well as certain amount of marijuana plants to cultivate.

Correspondingly, a medical marijuana user with a cannabis card can possess a maximum of 8 ounces of dried marijuana and cultivate a maximum of 12 immature marijuana plants and 6 mature plants. Thus, medical marijuana users can be arrested if they exceed the limit of marijuana possession even if they have cannabis cards. If a medical marijuana patient requires a higher amount than the allowed quantity, he/she may request a written recommendation from his/her licensed physician in order to possess more.

On the other hand, Felten said that San Bernardino medical marijuana ID cards are able to protect those obtain them only in the county level since federal law officers do not recognize the cannabis cards. According to a recent superior court ruling, San Bernardino medical marijuana ID cards are not valid; despite this, the office of California’s Attorney General decided to push through with the cannabis card program.

In essence, the federal government’s Drug Enforcement Agency officers still have the right to arrest medical marijuana users regardless if they complied with the card requirements or not.

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Riverside: County Sheriff Attacks Medical Marijuana Advocates

Despite the new Riverside medical marijuana rules founded by Attorney General Jerry Brown, the raid of a home was still pursued. Riverside Co. sheriffs in Tennecula assaulted Martin and Lavonne Victor’s collective garden on September 20, 2008. Their crops were damaged causing Martin a $50,000 bail. Martin and Lavonne Victor were members of a 12-person collective as well as the Riverside medical marijuana supporters Lanny Swerdlow and Dave Herrick.

Confiscated by the officials were their state-issued ID cards and a crop protected by a security fence and cameras. The collective is operated for eight years already and is very popular in Riverside. On Friday night, the sheriffs went to the Victor’s place and demanded to check the coop. They showed them books and paperwork to prove that they were in conformity with the Riverside law. The sheriffs dragged Martin to three crime allegations and protested that they did not possess a legal license as a non-profit coop.

On the other hand, Riverside medical marijuana consumers Herrick and Lavonne Victor said that their garden was in compliance with the Attorney General’s guidelines which have 50 to 70 outdoor plants and a good number of small plants.

Consequently, the couple thought that the break in was politically triggered. The coop’s membership comprises of famous Riverside medical marijuana patient supporters.

Director of the Marijuana Anti-Prohibition Project in Palm Springs, Lanny Swerdlow is currently facing trial in a disagreement with a Riverside anti-drug supporter. Herrick and Lavonne Victor were taken into custody in 2001 for growing marijuana; however they were discharged from criminal act charges under Proposition 215. One of the first medical marijuana patients was Herrick and he was detained for helping a patient coop in Southern California just a few moments after the ratification of Proposition 215.

California voters granted an idea that excused particular patients and their primary caregivers from criminal accountability under Riverside medical marijuana law for having and gardening of marijuana. The Legislature in 2003 ratified extra legislation connecting to Riverside medical marijuana.

The following guidelines should be given out for the mandate to be fulfilled. One is, to make sure that marijuana that is cultivated for Riverside medical marijuana users stay safe and won’t be given to non-patients or illegitimate buyers. Second is to aid law enforcement to do their responsibilities efficiently and in harmony with California regulation, and third, to assist patients and main caregivers to be familiar with how they can grow, carry, hold and practice medical marijuana under California Law.

The Attorney General needs one of the statutes to implement guidelines that guarantee the security and no change to the medically used marijuana.

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Riverside County Medical Marijuana Identification Cards

Marion Ashley, Riverside County Board of Supervisors chairman stated that Riverside is trying to act in accordance with the ruling supported by the voters and work out a process on that. She thinks that with this, it might take away the uneasiness. Thus, Riverside Medical Marijuana local users will be issued photo identification cards today.

It should be recalled that Riverside is the first county in Southern California to meet the terms with a state decree aimed to protect medical patients from apprehension. In 1996, California’s Proposition 215 permitted marijuana for healing intentions and in state legislation supplied for ID Cards.

However, the U.S. Supreme court pronounced that federal agencies could confiscate and wreck medical marijuana plants and seize the cultivators and the consumers and so as with the ten states that permit medical marijuana use.

The medical marijuana ID cards will still be given out even if the state and federal decrees differ from the consumption of medical marijuana, allowing riverside medical marijuana users and their providers at risk of dealing with federal allegations.

Sarah Beers, a spokeswoman for the Drug Enforcement Agency in Los Angeles stated that federal authorities mainly aim for a big-scale drug trafficking group. Individual Riverside medical marijuana consumers continue to be in danger, whether they possess a state-supplied ID Card.

A spokesman for the U.S. attorney’s office in Los Angeles, Thom Mrozek said that a state-issued ID card signifies completely nothing to the federal government. To them, under the federal decree it is still unlawful to have, to vend or to plant marijuana. But the county health officials believed that ID cards could, nevertheless aid to protect Riverside medical marijuana consumers of the unlawful drug from examination by the local law enforcement.

The county public health department program chief, Victoria Jauregui Burns disclosed that the ID cards will include a Riverside medical marijuana customer’s picture and a computer-generated ID number. However, no name and address or any medical information will be added in the ID card.

The state also calculate approximately specify 3,000 to 4,000 probable cardholders in Riverside every year.
Spokeswoman Ingrid Wyatt stated that the Riverside County district attorney’s office acknowledges that they need to abide to the law and that there is rightful need. She also said that Riverside medical marijuana consumers, with the ID card, can now be appropriately recognized. And at the same time they will be capable of suing those who attempt to exploit the arrangement. Ingrid Wyatt revealed that the county district attorney’s office checks all Riverside medical marijuana situations separately and has brought to court only a few.

John Schunhoff, chief of operations for public health of the Los Angeles County Department of Health Services said that Los Angeles County expects that the program will be running early next year.

Lenny Swerdlow, head of the Marijuana Anti-Prohibition Project, a Riverside patients’ right s advocacy unit, said that this novel program will aid the people’s minds who worry that they could be detained for growing or using marijuana on doctor’s instructions.

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San Bernardino: Marijuana Case Charges against Senior Citizen Cancer Patients Dropped

San Bernardino medical marijuana users Rich McCabe, 74, and his wife Jo Anne Cates were raided by the County Sheriff’s Department, charging the senior citizens of cultivating and selling marijuana despite the existence of Prop 215. The raid went as far as confiscating items that were no longer related to marijuana such as a microwave and cash from a social security check. The Sheriff’s department claimed that the 2 San Bernardino medical marijuana users were large scale drug runners. However, Judge Rodney Cortez finally dismissed the charges at the County Superior Court.

The two senior San Bernardino medical marijuana users faced 3 felony drug counts for medical marijuana use in compliance with state law and to relieve the symptoms associated with cancer treatment as well as other painful conditions, putting members of the community up in arms. The Marijuana Anti-Prohibition Project in Palm Springs, an affiliate of ASA, had hosted several events in order to raise money aimed in helping for the legal defense of the two senior San Bernardino medical marijuana users.

Zenia Gillig and Danny Schultz, attorneys who represented the couple said the willingness of San Bernardino County Deputy District Attorney Jamie Adams to hear reason was substantial in having the charges dropped.

On the other hand, the legal process caused the two San Bernardino medical marijuana patients financial hardships, putting them in debt since the County Sheriff wanted to arrest a sick elderly couple only to drop charges after a year and a half of struggles.

The San Bernardino County Board of Supervisors has been spending a great amount of county resources in a long drawn out appeal to the US Supreme Court, fighting the responsibility of their health department to issue ID cards to San Bernardino medical marijuana patients who were legally qualified to use medical marijuana.

Scott Bledsoe had filed a lawsuit against the San Bernardino County in order to compel to begin issuing state-mandated medical marijuana ID cards as well as to stop arresting and prosecuting qualified patients who have valid recommendations from their doctors. It should be recalled that the medical marijuana ID card is part of a 2003 California Medical Marijuana Program Act.

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