High court won't hear county's marijuana challenge

By Greg Moran Union-Tribune Staff Writer

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.

Senior Deputy County Counsel Thomas Bunton said that with the county now out of legal options, a recommendation to begin issuing the cards will be placed before the Board of Supervisors on June 16.

The law requires counties to issue the cards, but does not require that an individual medical marijuana user have one. Bunton said he did not know how soon after the June 16 the cards would be available, if the board adopts the recommendation.

Supervisor Dianne Jacob said in a statement that she was “disappointed the state did not take our case, but I'm respectful of the court's decision.”

Supervisor Bill Horn said he, too, was disappointed the court did not take the case and said “we have to revert back to obeying the California Supreme Court.” That court decided not to hear an appeal of lower court rulings that said the county had to issue the cards.