- About About
Medical Patient Resources Becoming a State-Authorized Patient Talking to your doctor Which conditions qualify? The Medical Cannabis Patient’s Guide for U.S. Travel Patient's Guide to CBD Patient's Guide to Medical Cannabis Guide to Using Medical Cannabis Condition-based Booklets Growing Cannabis Cannabis Tincture, Salve, Butter and Oil Recipes Leaf411 Affordability Program Tracking Treatment & Gathering Data with Releaf App Medical Professional Resources CME for Medical Professionals Cannabis Safety Medical Cannabis Research
- Legal Legal
Advocacy ASA Chapters Start an ASA Chapter Take Action Campaigns No Patient Left Behind End Pain, Not Lives Vote Medical Marijuana Medical Cannabis Advocate's Training Center Resources for Tabling and Lobby Days Strategic Planning Civics 101 Strategic Messaging Citizen Lobbying Participating in Implementation Movement Building Organizing a Demonstration Organizing Turnout for Civic Meetings Public Speaking Media 101 Patient's History of Medical Cannabis
- News News
Policy Model Federal Legislation Download Ending The Federal Conflict Public Comments by ASA Industry Standards Guide to Regulating Industry Standards Reports 2020 State of the States Medical Cannabis Access for Pain Treatment Medical Cannabis in America Recognizing Science using the Data Quality Act Fact Sheet on ASA's Data Quality Act Petition to HHS Data Quality Act Briefs ASA Data Quality Act petition to HHS Information on Lawyers and Named Patients in the Data Quality Act Lawsuit
- Join Join
Last Friday, patient advocates Americans for Safe Access (ASA) filed an amicus ‘friend of the court’ brief in City of Riverside v. Inland Empire Patient’s Health and Wellness Center to convey the urgent need for safe and legal access to medical marijuana. In what is possibly the most important issue currently facing hundreds of thousands of patients in California, ASA urged the State Supreme Court to reject the notion that municipalities can ban local distribution of medical marijuana, thereby cutting off access. Specifically, ASA argued in its brief that:
While municipalities may pass reasonable regulations over the location and operation of medical marijuana collectives, they cannot ban them absolutely. 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.
In addition to the Riverside case, the State Supreme Court is reviewing the Pack v. City of Long Beach decision, which involves issues of federal preemption. Adding even more appellate decisions to the mix, last week the Second District issued two conflicting rulings. One of the rulings in County of Los Angeles v. Alternative Medicinal Cannabis Collective held that dispensaries were legal under state law and that municipalities could not ban them.
At the time, ASA Chief Counsel Joe Elford said in a prepared statement that:
The court of appeal could not have been clearer in expressing that medical marijuana dispensaries are legal under state law, and that municipalities have no right to ban them. This landmark decision should have a considerable impact on how the California Supreme Court rules in the various dispensary cases it’s currently reviewing.
There are a staggering 178 cities in California that have completely ignored the needs of patients in their community by adopting bans against medical marijuana dispensaries. However, there are more than 50 municipalities, which have adopted regulatory ordinances that have safely and legally accommodated for the needs of their patients, as well as other members of their communities. An increasing number of studies also show that regulating dispensaries will decrease crime and increase the quality of life in surrounding neighborhoods.
Patient advocates are not putting all their eggs in the California Supreme Court basket. There is still an effort afoot to pass legislation next year to regulate medical marijuana at the state level. The statewide ballot initiative process is yet another option available to patient advocates and one that will definitely be considered in the months ahead.