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Published on: 2006-01-01

In an effort to combat the trend of localities establishing permanent bans against dispensing medical marijuana, thereby severely restricting safe access, ASA filed lawsuits in four California cities: Concord, Fresno, Pasadena, and Susanville. These lawsuits challenged a municipality's ability to ban lawful conduct under state law, and sought declaratory relief (to rescind an unlawful policy). The lawsuit against Fresno was filed first in April 2005, and in 2006, the judge stayed the suit pending revisions of the Fresno City Council to the ban language. The other lawsuits were filed in October 2005, and ASA later withdrew them without prejudice. However, ASA will consider refiling these lawsuits at a later date.