County of San Diego v. San Diego NORML

J.—In 2003, the California Legislature enacted the Medical Marijuana Program Act. (Health & Saf. Code, §§ 11362.7-11362.9; hereafter MMP.) Among other provisions, the MMP imposed on counties the obligation to implement a program permitting a limited group of persons— those who qualify for exemption from California’s statutes criminalizing certain conduct with respect to marijuana (the exemptions)—to apply for and obtain an identification card verifying their exemption.

In this action, plaintiffs County of San Diego (San Diego) and County of San Bernardino (San Bernardino) contend that, because the federal Controlled Substances Act ( 21 U.S.C. §§ 801-904 ; hereafter CSA) prohibits possessing or using marijuana for any purpose, certain provisions of California’s statutory scheme are unconstitutional under the supremacy clause of the United States Constitution. San Diego and San Bernardino (together Counties) did not claim below, and do not assert on appeal, that the exemption from state criminal prosecution for possession or cultivation of marijuana provided by California’s Compassionate Use Act of 1996 (§ 11362.5; hereafter CUA) is unconstitutional under the preemption…