CA Supreme Court Grants Review to Pack and Riverside, Local Lawmakers Should Take Note
January 18, 2012 | Mike Liszewski
The California Supreme Court has made a move that should improve safe access by granting review for two controversial medical marijuana cases decided by lower appellate courts in 2011. As a result of this move, both Pack v. City of Long Beach (link to ASA blog on Pack), and Riverside v. Inland Empire Patient's Health and Wellness Center, are effectively decertified until the court reaches its final decision, a process which some expect to go on for two years, as Ross v. RagingWire took two years to decide.
The decisions by the lower appellate court in both of these cases have been harmful for patient access to medicine, but the Pack fallout has been particular damaging. The Pack ruling in October set off a firestorm of cities and counties moving to ban dispensaries throughout the state, even beyond the Second District of the CA Court of Appeals where the case was decided. These panicked reactions by lawmakers have resulted in weakened availability to medicine for Californian patients. As is stands now, Pack and Riverside are now dead letters.
California Cityand County legislators should take note of the impact of this move by the state high court before moving forward with any further legislation as a result of lower court’s Pack ruling. A city or county presently considering a dispensary ban based upon Pack, such as the largest city in the state, ought to recognize that they would be undermining patients’ ability to obtain medicine they need, all in reaction to a case that no longer has legal authority. Regardless of the ultimate outcome of the Pack and Riverside decisions, making rash policy changes that are harmful to the health of Californians following the decertification of Pack seems like an unnecessary proposition at best.
CA Court of Appeals Pack decision: http://safeaccessnow.org/downloads/Pack_v_Long_Beach.pdf
CA Court of Appeals Riverside decision: http://www.courtinfo.ca.gov/opinions/documents/E052400.PDF
The decisions by the lower appellate court in both of these cases have been harmful for patient access to medicine, but the Pack fallout has been particular damaging. The Pack ruling in October set off a firestorm of cities and counties moving to ban dispensaries throughout the state, even beyond the Second District of the CA Court of Appeals where the case was decided. These panicked reactions by lawmakers have resulted in weakened availability to medicine for Californian patients. As is stands now, Pack and Riverside are now dead letters.
California Cityand County legislators should take note of the impact of this move by the state high court before moving forward with any further legislation as a result of lower court’s Pack ruling. A city or county presently considering a dispensary ban based upon Pack, such as the largest city in the state, ought to recognize that they would be undermining patients’ ability to obtain medicine they need, all in reaction to a case that no longer has legal authority. Regardless of the ultimate outcome of the Pack and Riverside decisions, making rash policy changes that are harmful to the health of Californians following the decertification of Pack seems like an unnecessary proposition at best.
CA Court of Appeals Pack decision: http://safeaccessnow.org/downloads/Pack_v_Long_Beach.pdf
CA Court of Appeals Riverside decision: http://www.courtinfo.ca.gov/opinions/documents/E052400.PDF
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