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January 20, 2006

ShareCounty of San Diego v. STATE OF CALIFORNIA; SANDRA SHEWRY


The suit is a complaint for declaratory and injunctive relief. It was filed in United States District Court for the Southern District of California.

"County alleges that proposition 215 (Cal. Health & Safety Code 5 1 1362.5) and its implementing legislation (Cal. Health & Safety Code $5 11362.7- 1 1362.83) are preempted under the Supremacy Clause of the United States Constitution (Article VI) because they conflict with a federal law (the Controlled Substances Act) and an international treaty to which the United States is a party (the Single Convention on Narcotic Drugs)."

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