Follow-up to Patch article "Marijuana Advocates Challenge City Federal Prosecution Claim"

In a follow-up to the July 17th Patch article; "", yesterday the California Supreme Court prohibited municipalities from using Pack v. City of Long Beach to ban dispensaries.

Specifically, the High Court threw out the controversial decision which previously held that federal law preempted some forms of dispensary regulations.

The Pack decision has been used by several municipalities, including Imperial Beach, to attempt to ban outright the distribution of medical marijuana. However, yesterday's dismissal of the Pack decision throws into question the viability of such bans.  Ironically, it also bans any further use of the Pack case by City Attorney Jennifer Lyon and other city attorney's in their staff reports which are clearly being written to confuse and misinform our elected officials and subsequently, the public-at-large.

"This is an important moment for medical marijuana patients in California," said Joe Elford, Chief Counsel with Americans for Safe Access (ASA), the country's leading medical marijuana advocacy organization.

"The California Supreme Court has essentially pulled out the rug from under local officials who have used the Pack decision to deny access to medical marijuana for thousands of patients across the state," continued Elford. "Pack is now a dead letter and, because of the California Rules of Court (Rule 8.528), it is disingenuous for any public official to contend that the Court of Appeal decision is somehow reinstated."

The High Court's decision highlights the wrong path taken by Imperial Beach city officials, the decision is also a small vindication for residents, patients, and their advocates who have exhausted all possible avenues to work with the city in implementing the 2010 Grand Jury Recommendations to allow injured, sick and dying medical patients safe access to doctor recommended cannabis within the city.

The reasoning used to dismiss the Pack case was that after the California Supreme Court decided to review the appellate decision, the Long Beach City Council repealed and replaced the ordinance with an outright ban on dispensaries thereby making moot the issues before the court. In addition, the petitioners in Pack "have now abandoned their federal preemption argument in favor of unrelated issues not raised or decided at any prior stage of this proceeding," according to the court.

Because the recently adopted dispensary ban in Los Angeles was predicated on the Pack decision, enforcement efforts by the City Attorney would be premature and potentially unlawful. Despite threats of enforcement, patient advocates have vowed to overturn the ban in Los Angeles and are currently gathering the fewer than 30,000 signatures needed to do so.

Several other appellate cases remain before the State Supreme Court pending review later this year or early next year. In one of the most closely watched cases, City of Riverside v. Inland Empire Patient’s Health and Wellness Center, ASA has filed an amicus 'friend of the court' brief rejecting the notion that cities can ban local distribution of medical marijuana. "While municipalities may pass reasonable regulations over the location and operation of medical marijuana collectives, they cannot ban them absolutely," read the brief. "These bans thwart the Legislature’s stated objectives of ensuring access to marijuana for the seriously ill persons who need it in a uniform manner throughout the state."

There are currently more than 50 cities and counties in California that have adopted dispensary regulatory ordinances, which are safely and legally accommodating the needs of their patients, as well as other members of their communities. An increasing number of studies also show that regulating dispensaries decrease crime and increase the quality of life in surrounding neighborhoods.

This is just one of many landmark decisions in support of patients with more expected over the next year.  It's simply a matter of time before the science dictates the policies that regulate the, incredibly medicinal, cannabis plant.

YES ON S!
YES ON Safe Access
YES ON Safe Neighborhoods
YES ON Safe Medicine
YES ON S!

Contact YES ON S