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ASA Activist Newsletter - FEBRUARY 2012
Volume 7, Issue 2
ASA Files Federal Appeal in Bid
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California Supreme Court to Review Dispensary CasesControversial decisions affect distribution regulations![]() In one case, Pack v. City of Long Beach, the court ruled that some dispensary regulations may be preempted by federal law. In the other, City of Riverside v. Inland Empire Patient's Health and Wellness Ctr., the court held that local governments could legally ban distribution. The rulings in both cases have been vacated. ![]() Although the October 2011 Pack decision contradicted other appellate court rulings, several cities and counties across California have used it as a basis for suspending regulatory ordinances or banning local distribution entirely. Even the U.S. Justice Department cited the Pack decision as a reason why local officials should not regulate distribution. One of the cases that contradicted Pack was the November 2011 ruling in the Riverside case, now also under review, which held that medical cannabis distribution was not preempted by federal law, but cities could lawfully ban it anyway. The other two medical cannabis dispensary cases granted review by the California Supreme Court are Traudt v. City of Dana Point and People v. G3 Holistic. It may be two or more years before the Supreme Court rules on the cases. “Now that these bad rulings are set aside, it’s important that local officials help their communities by establishing sound dispensary regulations,” said ASA Executive Director Steph Sherer. “Dispensaries provide safe access for those with the most serious medical conditions who have few other options.” More information: Ruling in Pack v. City of Long Beach Ruling in City of Riverside v. Inland Empire Patient's Health and Wellness Ctr. ASA, et al amicus brief urging review by the California Supreme Court |
Maryland Considering Comprehensive
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Ariz. Governor Restarts State Dispensary Program![]() A prospective operator of dispensaries in Arizona filed suit against the state when the program was suspended by Gov. Brewer. Gov. Brewer has actively worked to thwart the program voters established via initiative. She sued the federal government over her state’s law in a legal action the Justice Department regarded as unusual and the federal judge dismissed. Gov. Brewer has also asked the U.S. Attorney for Arizona for guidance on the federal government’s position on state employees regulating dispensaries. Federal prosecutors in several states have sent threatening letters to state and local officials warning that they could be prosecuted under federal law for implementing state medical cannabis laws. “We’re glad Governor Brewer has recognized her obligation to implement the laws of her state, even the ones she may not personally endorse,” said ASA Executive Director Steph Sherer. “Federal threats aimed at interfering with the sworn duty of state officials are unconstitutional, and no one should hide behind them.” More information: Proposition 203 and Arizona Medical Marijuana Act Pending lawsuit filed by prospective dispensary operator |
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