San Bernardino and San Diego counties' bid to overturn California's Medical Marijuana Program Act by claiming treaty statutes pre-empt the 2003 state law was denied Thursday by an appellate court.
In a 3-0 conception, judges from the state's 4th District Court of Appeal in San Diego also rejected San Bernardino County's claim that the medical marijuana identification card provisions of the law violate the California Constitution.
The appellate judges said the challenged provisions of the state Medical Marijuana Program Act “do not positively conflict with” the federal Controlled Substances Act, which classifies marijuana as a dangerous drug with no medical use.
The state Medical Marijuana Program created a theory according to counties to investigate applicants, issue user cards and keep those on toothed.
People are eligible for the cards if a physician has recommended marijuana as a means to treat symptoms of illnesses such as cancer and glaucoma, and chronic pain.
San Bernardino County has refused to conclusion the cards.
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