San Diego Lawsuit Against Prop 215 Moves Forward: ASA Pledges Action

National Groups Pledge Immediate Legal Action Against San Diego and
Other Counties For Refusing to Follow California's Medical Marijuana Law

FOR IMMEDIATE RELEASE
June 9, 2006

SAN DIEGO -- Three national groups that advocate on behalf of medical
marijuana patients and their doctors announced today that they would
take immediate legal action against San Diego, San Bernardino and Merced
counties for their refusal to comply with California's Compassionate Use
Act, which protects medical marijuana patients from arrest and prosecution.

The American Civil Liberties Union (ACLU), Americans for Safe Access
(ASA) and the Drug Policy Alliance (the Alliance) made their
announcement after Judge William R. Nevitt of the San Diego County
Superior Court ruled today that a lawsuit filed by San Diego and San
Bernardino counties challenging California's medical marijuana laws can
go forward.

"Seriously ill people should have the security of knowing that in
California they are safe, that California has charted a different course
from the federal government's inhumane willingness to put them in jail
simply for accessing the medicine they need," said Joe Elford, Chief
Counsel for ASA.

"It's disgraceful that medical marijuana patients in three California
counties are being denied healing medical treatment and legal rights and
protections merely because of where they live," said Kevin Keenan,
Executive Director of the ACLU of San Diego and Imperial Counties. "We
look forward to aggressively defending the rights of all California
patients and their doctors in this matter."

Margaret Dooley of the Alliance added, "Complying with the law is not
optional. It's an obligation. Carrying out the laws enacted by the
people of this state is one of the highest duties of any local
government. San Diego, San Bernardino and Merced Counties have clearly
reneged on that duty, and we plan to see them in court."

After the San Diego County Board of Supervisors experienced intense
political pressure to begin issuing identification cards to medical
marijuana patients, as required by the Compassionate Use Act, it filed a
lawsuit in January 2006 asking a federal court to determine whether the
County was required to comply with state laws that protect medical
marijuana patients even though federal law prohibits all use of
marijuana. The ACLU, ASA and the Alliance filed papers with the Court,
citing long-standing law establishing that the County did not have
standing to sue the State in federal court. The County immediately
withdrew its federal lawsuit.

San Diego County re-filed suit in state court in February. San
Bernardino and Merced Counties, each refusing to issue identification
cards to medical marijuana patients, have also joined the lawsuit.

The case is /County// of San Diego// v. San Diego NORML, et al/, case
no. GIC860665

Background information on the case, including legal papers filed by the
ACLU, ASA and the Alliance to intervene in the lawsuit San Diego County
filed in federal court, are available online at:
http://www.aclu.org/drugpolicy/medmarijuana/23587prs20060124.html

For more information about Americans for Safe Access, visit:
http://safeaccessnow.org/
<http://safeaccessnow.org/article.php?list=type&type=214>

For more information about the Drug Policy Alliance, visit:
http://www.drugpolicy.org <http://www.drugpolicy.org/>


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Rebecca Saltzman
Field Coordinator
Americans for Safe Access
p (510) 251-1856 x 308
f (510) 251-2036
http://www.safeaccessnow.org