Press Release: San Bernardino Supervisors Broke Open-Meetings Law in Medical Marijuana Case, MPP Charges

FOR IMMEDIATE RELEASE    
JANUARY 21, 2009

San Bernardino Supervisors Broke Open-Meetings Law in Medical Marijuana Case, MPP Charges

CONTACT: Aaron Smith, MPP California policy director ................................. 707-575-9870

SAN BERNARDINO, CALIFORNIA -- San Bernardino County supervisors appear to have violated the Brown Act, California's open-meetings law, in deciding to take their lawsuit aimed at overturning part of the state's medical marijuana law to the U.S. Supreme Court, the Marijuana Policy Project charged today.

    San Bernardino and San Diego counties first challenged the state's ability to force them to issue identification cards to state-legal medical marijuana patients in the San Diego County Superior Court in December 2005. After losing in the trial court, both counties took their case to the 4th District Court of Appeals, which unanimously rejected the challenge on July 31, 2008.

    Turning down pleas from local patients and advocates, San Bernardino County supervisors voted to take the case to the California Supreme Court during their Aug. 26 closed session. In violation of the Brown Act, the board failed to notify the public of the decision during the open session that followed the vote. Advocates do not know when the decision to appeal to the U.S. Supreme Court was made, because the public was never notified as required by the Brown Act.

    "I have never seen such utter disdain for voters and the rule of law as has been demonstrated by San Bernardino County's supervisors on this issue," said Aaron Smith, California policy director for the Marijuana Policy Project. "The board is so embarrassed by their decision to waste public funds fighting a popular law that they are trying to hide it from the public, in clear violation of another well-established law."

    Outraged by this failure to follow the law, Fontana resident and medical marijuana patient Craig Johnson filed a written complaint with the Public Integrity Unit at the county district attorney's office. MPP director of state policies Karen O'Keefe and Smith co-signed the letter, which was sent via certified mail on Sept. 15.

    Four months have elapsed and the county has not only failed to respond to the letter but have also formally taken their challenge to the United States Supreme Court.     

    "These supervisors work for the people and must be held accountable for breaking the law," Smith said.

    With more than 26,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit http://MarijuanaPolicy.org.

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