COUNTY OF SAN DIEGO v. SAN DIEGO NORML

No. D050333.

165 Cal.App.4th 798 (2008)

COUNTY OF SAN DIEGO, Plaintiff and Appellant, v. SAN DIEGO NORML et al., Defendants and Respondents; WENDY CHRISTAKES et al., Interveners and Respondents. COUNTY OF SAN BERNARDINO et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al., Defendants and Respondents; WENDY CHRISTAKES et al., Interveners and Respondents.

Court of Appeals of California, Fourth District, Division One.

July 31, 2008.


Attorney(s) appearing for the Case

John J. Sansone, County Counsel, Thomas D. Bunton and C. Ellen Pilsecker, Deputy County Counsel, for Plaintiff and Appellant County of San Diego.

Ruth E. Stringer, County Counsel, Alan L. Green, Charles J. Larkin and Dennis Tilton, Deputy County Counsel, for Plaintiffs and Appellants County of San Bernardino and Gary Penrod.

American Civil Liberties Union Foundation, Adam B. Wolf, Allen Hopper; ACLU of San Diego & Imperial Counties and David Blair-Loy for Defendants and Respondents San Diego NORML, Wo/Men's Alliance for Medical Marijuana and Dr. Stephen O'Brien.

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Assistant Attorney General, Jonathan K. Renner and Peter A. Krause, Deputy Attorneys General, for Defendants and Respondents State of California and Sandra Shewry.

Americans for Safe Access and Joseph D. Elford for Interveners and Respondents Wendy Christakes, Norbert Litzinger, William Britt, Yvonne Westbrook and Americans for Safe Access.


OPINION

McDONALD, Acting P. J.

In 2003, the California Legislature enacted the Medical Marijuana Program Act. (Health & Saf. Code, §§ 11362.7-11362.9; hereafter MMP.)1 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...

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