ACLU and Drug Policy Alliance Threaten To Sue Schwarzenegger Administration

[IndianaToker]

By Tracie Troha, Staff Writer
Source: Daily Press

San Bernardino, CA -- Holding posters and signs displaying images of marijuana leaves, more than 50 people Tuesday protested San Bernardino County's opposition to "medical marijuana clinics."
The protesters were angry over the decision by the Board of Supervisors to join San Diego County in a lawsuit against the state challenging the legality of medical marijuana laws.

One of the protesters, Alcina Talbott of Crestline, said she is constantly in pain and the drug is more effective than traditional prescription medicines.

"I prefer the effects of marijuana than Vicadin," Talbott said.

Talbott, a registered nurse and disabled county employee, brought her 12-year-old daughter to the protest at the County Government Center.

"My kids know the difference between medicinal and street (marijuana)," she said. "I don't want the street to look at my kids as customers."

William Britt, representing the Association of Patient Advocates, said he has epilepsy and keeps his medical marijuana with him at all times.

"I've had my medicine taken away from me over 20 times," he said. "I've been to trial with many patients in San Bernardino County. That's thousands of dollars of taxpayers' money wasted."

Britt said county officials have "no compassion" in their efforts to challenge the state's medical marijuana laws.

County Counsel Ron Reitz said despite the protests, the county plans to pursue the lawsuit.

"It will be filed in federal court in San Diego County (on Wednesday)," Reitz said.

The county is suing the state because it believes California's medical marijuana laws conflict with federal laws and are therefore invalid.

Note: Supervisors' pending legal action claims state, federal laws on medical marijuana don't match.

Source: Daily Press (Victorville, CA)
Author: Tracie Troha, Staff Writer
Published: Wednesday, February 8, 2006
Copyright: 2006 Daily Press
Contact: ttroha@vvdailypress.com
Website: http://www.vvdailypress.com/
Link to article: http://cannabisnews.com/news/thread21578.shtml

[IndianaToker]

By Jose Carvajal, Staff Writer
Source: North County Times

Riverside, CA -- Medical marijuana advocates Tuesday continued to voice their opposition to a proposal by Supervisor Jeff Stone that would have the county join San Diego and San Bernardino counties in challenging the state's 9-year-old "Compassionate Use Act." Stone was not swayed.
A handful of activists addressed the county supervisors Tuesday to denounce a lawsuit filed by San Diego County late last month in an attempt to overturn the voter-approved medical marijuana law ---- also known as Proposition 215. San Diego County officials say it flouts federal laws that make all marijuana use illegal.

It didn't take San Bernardino County officials long to decide they wanted to follow suit, and it is believed both lawsuits will be combined. Riverside County, if it ultimately decides to take legal action, would join the San Diego County filing.

The lawsuit's contention doesn't jibe with the medical marijuana advocates, who staged a modest rally outside the County Administrative Center after they finished addressing the supervisors Tuesday.

"Prop. 215 is the voters' will, and to try to overturn that is hypocrisy," Amanda Brazel, a Los Angeles field coordinator for the advocacy group Americans for Safe Access, told the board. "When we are sending our men and women overseas to fight for democracy abroad and we don't uphold it at home, that is blasphemy."

Francisco Hernandez, another member of Americans for Safe Access, said the federal government itself hasn't attempted to challenge the law. He also noted that San Diego County officials pulled the suit out of federal court last week in an effort to avoid the 9th Circuit Court of Appeals ---- a court they say is more friendly to medical marijuana advocates ---- and filed it instead in San Diego Superior Court.

"Already, they are seeing the folly of their attempts and I urge the board here not to join the San Diego lawsuit," he said.

Stone, a pharmacist, had said last week that he planned to discuss joining the suit with fellow board members during a closed session at the Tuesday meeting. But the item was not placed on the agenda, nor was there an announcement when supervisors reconvened after closed session Tuesday to indicate that any action had been taken on the issue.

Verne Lauritzen, Stone's chief of staff, said later in the day that his boss still plans to pursue joining the suit. Lauritzen said Stone is waiting for the dust to settle in the wake of San Diego refiling its suit before proceeding.

"The plan now is to wait for the fallout of that and reassess where we are," Lauritzen said.
Stone, for his part, continued to make his case at Tuesday's meeting that the state law contradicts federal statutes.

As medical marijuana advocate Dege Coutee addressed the board, Stone interjected that the federal government classifies marijuana in the same group of harmful drugs in which it classifies heroin.

"Heroin is basically, in the eyes of the federal government, in the same classification as cannabis," he said.

Though Coutee replied that marijuana has been proven to be less dangerous than heroin and that the two shouldn't be compared, Stone pressed on.

"If the citizens of this state go to the ballot and say that they believe heroin should be bought at a heroin dispensary, is your organization going to stand behind that?" he asked Coutee.

"No, we're here to support medical marijuana," she replied.

Source: North County Times (CA)
Author: Jose Carvajal, Staff Writer
Published: February 8, 2006
Copyright: 2006 North County Times
Contact: letters@nctimes.com
Website: http://www.nctimes.com/
Link to article: http://cannabisnews.com/news/thread21579.shtml

[IndianaToker]

By Andrew Silva, Staff Writer
Source: San Bernardino Sun

San Bernardino, CA -- Former trauma nurse Alcima Talbott was hit so hard by a patient that her jaw was dislocated, her teeth broken, her neck seriously injured and her brain apparently damaged.
Now unable to work because of chronic pain and spasms, she was back in front of her old boss and San Bernardino County supervisors on Tuesday pleading with them to drop their plans to file a lawsuit challenging California's medical-marijuana law.

"My (other) choice is to take vicodin, go to bed, get up, take vicodin, go to bed," she told the Board of Supervisors.

About a dozen supporters of Proposition 215, California's medical-marijuana law approved in 1996, asked the board not to join San Diego County's suit against it.

After the meeting, they demonstrated in front of the County Government Center in downtown San Bernardino with signs and banners reading "Cannabis is medicine" and


"Stop arresting medical marijuana patients."

Talbott worked at Arrowhead Regional Medical Center, the county hospital in Colton that was run for several years by Mark Uffer, who is now the county administrative officer, the top appointed official in county government.

With heavy doses of vicodin, a popular and powerful narcotic painkiller, she was unable to function, she said. Marijuana is the only medication that works for her.

"The medication is so effective. I use it for severe pain" and to reduce neck spasms, she said. "I really didn't want it to work."

Also testifying were two of her children, who credited marijuana with giving them their mother back.

"Since she started medical marijuana, she has been able to get out of bed and spend time with her family," her 12-year-old daughter, Alexandra Talbott, told the board.

Sara Henuber, a registered physician's assistant from Los Angeles who worked for a time in San Bernardino County, told the board cannabis is a "safe and benign" medicine that does have benefits.

She said she's known of patients who have been harassed by deputies and had their doctor's letter and marijuana seized without any citations or charges.

"I believe San Bernardino County is going against the will of county voters," she said.

The county's lawsuit, scheduled to be filed today in San Diego, will argue that federal law pre-empts state law, said Deputy County Counsel Alan Green.

"It's creating a lot of confusion for sheriff's deputies," he said.

Sheriff Gary Penrod asked the board to file the suit to clarify what rules his deputies must enforce.

Lawsuits have been brought against the county to return marijuana confiscated from patients, he said.

"Under federal law, if we give it back, we're aiding and abetting marijuana use," Green said.

A U.S. Supreme Court decision last year said patients who use or cultivate marijuana are not immune to prosecution under federal law banning controlled substances.

Tuesday's demonstration and testimony was organized by Americans for Safe Access, a group that works on behalf of medical-marijuana patients.

Robert Brunelle, 24, told the board his wife uses marijuana and that he's known many people with cancer or HIV who have used it effectively.

"I can't help but think that what you're doing is wrong," he said.

After the meeting, his wife, Cindy Brunelle, 22, said she has chronic shoulder pain and depression.

"I've tried every depression medication in the world," she said, adding, "Marijuana is the only thing I still function on."

Source: San Bernardino Sun (CA)
Author: Andrew Silva, Staff Writer
Published: February 8, 2006
Copyright: 2006 Los Angeles Newspaper Group
Website: http://www.sbsun.com/
Feedback: http://www.sbsun.com/writealetter
Link to article: http://cannabisnews.com/news/thread21580.shtml