Pages tagged "Anaheim"


Trial Court Denies Challenge to Anaheim Ban on Dispensaries for a Second Time



 

 

 

 

 

 

 

 

In an anticipated trial ruling in Qualified Patients Association v. City of Anaheim, Judge Chafee denied a challenge to Anaheim’s ban on medical marijuana dispensaries after he was reversed by the Fourth Appellate District one year ago. In this week’s unpublished decision, which has no precedential value, Judge Chafee decided that the Medical Marijuana Program Act (“MMPA”) does not forbid a city from banning “mass distribution” of medical marijuana through storefront dispensaries. However, under the MMPA qualified patients and their primary caregivers are not subject to criminal sanctions for sales where they associate collectively or cooperatively to cultivate marijuana for medical use.

The trial court’s emphasis on “mass distribution” has no basis in the law and is contradicted by the State Attorney General Guidelines, which interpret the MMPA as permitting storefront medical marijuana distribution facilities. When the Fourth Appellate District reversed Judge Chafee in 2010, the court held that state law was not preempted by federal law and that federal law could not be used as a means to ban local distribution, but ultimately sent the case back to Judge Chafee for further factual development. The case is expected to be appealed, leaving open the possibility of another reversal.

Americans for Safe Access filed an amicus brief on behalf of Qualified Patients Association in 2010 and will likely be involved in the second appeal.

CA Supreme Court Denies Law Enforcement Request to Review Landmark Case

After years of wrangling in the Court of Appeal, medical marijuana patients, on August 18, 2010, obtained a published decision affirming that federal law does not preempt California law regarding medical marijuana collectives.  Dissatisfied with this outcome, numerous law enforcement organizations, including:  five former DEA Administrators, the Drug Free America Foundation, and the California State Sheriff’s Association, along with numerous cities and counties, filed requests for the California Supreme Court grant review and reach an opposite conclusion.  On Thursday, this came to and end, as six of the seven Justices of the California Supreme Court voted to decline review. This denial of review bodes well for medical marijuana patients, as there are now at least four published decisions affirming that federal law does not preempt California’s medical marijuana laws.  This has been an argument made by numerous localities to avoid abiding by California’s medical marijuana laws.  Although this latest decision does not officially put the matter to rest, it signals that the California Supreme Court does not seem to buy the federal preemption argument.  Chalk one up for the patients.