California NORML attorneys believe that this is an unconstitutional restriction on Prop 215 and intends to challenge it in court. In 2006, San Diego County was sued for refusing to implement an ID card system as required under SB 420. In response, San Diego County filed a lawsuit against the State of California to overturn Prop. 215 and SB 420. San Diego Superior Court Judge, William R. Nevitt Jr. struck down San Diego's claim in the court's December 6, 2006 ruling. San Diego County filed an appeal in the case. The appeal was on August 1, 2008, and was thrown out again on the basis that the counties did not have the authority to make a case against the state. The counties do, however, have the right to make an appeal about the statutes in SB 420 that deal with the issuing of identification cards, as this task is placed upon the counties and affects their taxes. San Diego County along with San Bernardino County appealed to the United States Supreme Court. On May 18, 2009 that appeal was denied. Currently, there are only two counties that submit information anonymously to the state, Santa Cruz and San Francisco. All the other counties submit patient information to the state patient database. In other provisions, SB 420:  Concerning limits on possession created by the bill, the California Supreme Court decision in "People v. Kelly" decided multiple issues. First, it reiterated that "unlike [Proposition 215], which did not immunize medical marijuana users from arrest but instead provided a limited 'immunity' defense to prosecution under state law for cultivation or possession of marijuana ... the [Medical Marijuana Program]'s identification card system is designed to protect against unnecessary arrest." Secondly, it agreed with both Kelly and the California Attorney General that the limits were an "unconstitutionally amendatory insofar as it limits an in-court CUA defense". However, the section concerning limits on possession "should remain an enforceable part of the MMP, applicable to the extent possible — including to those persons who voluntarily participate in the program by registering and obtaining identification cards that provide protection against arrest" because it provided more rights, namely the immunity against arrest. A qualified patient or primary caregiver that participates in the voluntary MMIC program also maintains his or her separate rights under California Health and Safety Code Section 11362.5, which are not included in the legislature-driven amendments seven years later. On December 1, 2008, the Supreme Court decided not to hear arguments in "City of Garden Grove v. Superior Court of Orange County", leaving a lower court ruling standing which requires local police officers to enforce state law, not federal law.