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California Appellate Court Reinstates Medical Marijuana Dispensary Ban Case
California Appellate Court Reinstates Medical Marijuana Dispensary Ban Case
State law & AG guidelines allowing for local distribution validated
and remain in effect
TAGS Medical Marijuana
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Talking Points on the Anaheim Decision
The Fourth
District Court of Appeal in California
issued a long-awaited ruling in the Anaheim case on August 18, 2010. The court
unanimously ruled that state law allowing for dispensaries was not preempted by
federal law. However, the court did not rule on whether localities could
lawfully ban such activity and sent the case back to the trial court for further
factual development.
-- The Anaheim ruling is a partial victory for patients!
-- The appellate court ruled that federal law does not preempt state law with
respect to medical marijuana
distribution
-- The appellate court reinstated the case to Orange
County Superior Court for further factual development
-- The state law with respect to medical marijuana dispensing collectives
remains valid, as does current case law and the Attorney
General guidelines
-- It is unclear whether QPA v. Anaheim will be the case that ASA
continues to use as a vehicle to challenge dispensary bans in the state, but we
will not be giving up the fight
-- More than 130 cities in
California continue to maintain illegal bans on the dispensing of medical
marijuana
PRESS RELEASE
Americans for Safe Access
For Immediate Release: August 18, 2010
Contact: ASA Chief Counsel Joe Elford 415-573-7842 or ASA Media Liaison
Kris Hermes 510-681-6361
California Appellate Court Reinstates Medical Marijuana Dispensary Ban Case
State law & AG guidelines allowing for local distribution validated
and remain in effect
Santa Ana, CA -- California's Fourth District Court of Appeal issued a
long-awaited ruling today, choosing not to decide whether localities can ban
medical marijuana distribution, and remanding the case back to Orange County
Superior Court for further factual development. While nearly four-dozen
California localities -- including some of the most populous cities, such as Los
Angeles, Long Beach, Oakland, and San Francisco -- have successfully implemented
ordinances regulating medical marijuana dispensaries, more than 130 cities have
imposed bans like Anaheim's.
The unanimous decision, authored by Judge Richard Aronson, reversed the trial
court's ruling that federal law preempts state law, but failed to rule on
whether Anaheim's local ordinance could preempt the state's Medical Marijuana
Program Act (MMPA). The ruling states that because Proposition 215 and the MMPA
"do not mandate conduct that federal law prohibits, nor pose an obstacle to
federal enforcement of federal law, the enactments' decriminalization provisions
are not preempted by federal law." In a statement favorable to the
plaintiff, the court questions how "a city may criminalize as a misdemeanor
a particular use of property the state expressly has exempted from 'criminal
liability,'" as it does in the MMPA.
"While we understand the difficult nature of deciding this issue, the
court's ruling delays a decision that will affect thousands of patients who
remain without access to their medication because of hostile
jurisdictions," said Joe Elford, Chief Counsel with Americans for Safe
Access (ASA), the country's leading medical marijuana patient advocacy group,
which filed briefs in the Anaheim case and argued before the Court of
Appeal last September. "The silver lining to this decision is that the
court has reinstated the lawsuit and is providing the plaintiffs the opportunity
to prove that dispensary bans are illegal under state law."
The case Qualified Patients Association v. City of Anaheim was the result
of a lawsuit filed shortly after Anaheim voted to ban dispensaries in July of
2007. Qualified Patients Association was a local medical marijuana dispensary
that had been in operation for 5 months prior to the ban. An appeal was filed in
March of 2008 after the Orange County Superior Court ruled that Anaheim could
prohibit dispensaries from operating within its city limits.
The Anaheim case has drawn a lot of attention as more and more local
governments have been forced to confront the issue of access to medical
marijuana. Despite guidelines recognizing the legality of storefront
dispensaries issued in August of 2008 by the California Attorney General,
multiple statewide law enforcement associations filed briefs in support of
Anaheim's ban, as did nearly three-dozen cities.
"We will continue to fight for the right of patients to access medical
marijuana through medical marijuana dispensaries, which is provided for by the
Medical Marijuana Program Act, previous case law and guidelines issued by the
California Attorney General," continued Elford. "Whether or not the
Anaheim case is brought before this court again, this issue will eventually be
reheard and we are confident of the eventual outcome."
Further Information:
Today's ruling in Qualified Patients Association v. City of Anaheim: http://AmericansForSafeAccess.org/downloads/Anaheim_Ruling.pdf
Status of California city ordinances regulating and banning dispensaries: http://AmericansForSafeAccess.org/regulations
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