State Court To Review Medical Marijuana Cases
In reviewing the cases, the state Supreme Court will consider whether local governments can ban medical marijuana dispensaries.
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After much anticipation, the California Supreme Court agreed this week to review how cities and counties regulate medical marijuana.
The High Court issued an order indicating its intent to review two controversial medical marijuana cases, Pack v. City of Long Beach and City of Riverside v. Inland Empire Patient's Health and Wellness Center., Inc. As a result of this week's decision, both cases have been vacated in anticipation of the High Court's ruling.
In reviewing the cases, the state Supreme Court will consider whether local governments can ban medical marijuana dispensaries given that the drug is legal under California voter-approved Proposition 215. The court will also review the continued conflict between state and federal law. Under federal law, marijuana is illegal.
Monrovia currently has a moratorium in place that bans marijuana dispensaries in town.
The Pack decision held that some dispensary regulations may be preempted by federal law and the Riverside decision held that municipalities can legally ban dispensaries altogether.
The Supreme Court has not yet scheduled oral arguments, and it will likely be years before rulings are issued.
In a Jan. 19 statement from Joe Elford, Chief Counsel of the country's most vocal medical marijuana advocacy group, Americans for Safe Access, this week’s decision was lauded.
"These cases were very problematic for patients and their ability to safely and legally access a medication that works for them," Elford said. "We're very pleased that local governments will now be unable to use appellate court decisions to deny patients access to medical marijuana in their own communities."
Arguing that Pack was erroneously decided, ASA along with the American Civil Liberties Union, the Drug Policy Alliance, and the County of Santa Cruz filed a brief on December 12 requesting that the California Supreme Court review the case.
“Although the Pack decision, issued in October of last year contradicted other appellate court rulings, several cities and counties across California have used it as a reason to suspend regulatory ordinances or completely ban local distribution,” Elford said.
The Supreme Court's decision to vacate Pack v. City of Long Beach could have a major impact on CD 14 Councilmember José Huizar's effort to ban dispensaries in Los Angeles.
Huizar--bolstered by some law enforcement officials and community leaders who have argued that Northeast L.A.'s dispensaries have negatively impacted residents' quality of life--had argued that Pack's findings invalidated the city's medical marijuana ordinance.
The ruling in Pack declared that states are only allowed to decriminalize marijuana, not regulate it.
Huizar's motion would indefinitely shutter Los Angeles' approximately 300 medical marijuana dispensaries, while still allowing authorized patients to grow their own marijuana, or have a certified caregiver do so for them.
Superior Court Judge Anthony Mohr ruled on October 14 that L.A.’s marijuana ordinance is valid and that its enforcement cannot be challenged by as many as 29 dispensaries that had sued the City over the issue. But Mohr also advised the City to revisit the ordinance to determine whether it can withstand a preemptory challenge in light of the Pack ruling and the fact that the L.A. ordinance has a provision for a lottery for dispensaries and other regulatory mechanisms.
“Given that we were advised by our City Attorney that we currently have an unenforceable ordinance, we are in a place where we were before we had an ordinance [when] we had a proliferation of dispensaries throughout the city, and with that proliferation came an impact on the quality of life in local communities,” Huizar said when he released his motion to the public in November.
Huizar's motion was recently forwarded to the City's Planning Commission by the City Council's Public Safety Committee.
Patch has contacted Huizar's office and is awaiting comment on how the Supreme Court decision will affect his effort to ban dispensaries in Los Angeles.
lamedicalmarijuana
5:38 pm on Saturday, January 21, 2012
If Los Angeles attempts to enact a ban on medical marijuana storefronts that ban will be null and void UNTIL the California Supreme Court rule on the Pack and Riverside cases...
Right now any ban from any city is NOT enforceable !
California Supreme Court must first review the Riverside and Pack court cases just to determine if cities and citizens have the right to dispense medical marijuana through storefronts and IF cities even have the right to enact a ban!
It is disheartening that the California Supreme Court must decide wether medical Mj can be sold through storefronts or if only gangs with turf can distribute weed
Any average joe wants medical marijuana taxed and regulated
However judges and polticians offer no real way for US citizens to have a legitimate storefront! Judges and polticians would rather ensure Americans into the legal system and prison system by keeping medical marijuana in a grey area so anyone can be busted at anytime !
Gem City Dude Man
8:44 am on Sunday, January 22, 2012
I wonder if at the heart of the problem is the way Medical Marijuana is distributed. I get the impression that communities and the government are concerned that the way the current rules for distribution as stated lend themselves to alleged illegal sales of the drug and make it extremely difficult for the government to monitor. If this is in fact a concern by government officials then I would ask why not make the distribution of Medical Marijuana the same as all the other prescribed drugs. Wouldn't it solve the problem by using existing regulated pharmacies? Why create an entirely new system when we have one that is in practice and works perfectly well. Of course we all know the best way to address this issue is to legalize it and be done with it. I think the last thing our state and others need to do is spend money and resources we don't have on putting people in jail for something that has proved itself less harmful than alcohol!
malcolm kyle
9:18 am on Sunday, January 22, 2012
Not yet convinced that this magic plant can actually enhance and improve human abilities? Here are just a few of the many highly motivated athletes whose drug of choice is cannabis/marijuana:
* Usain Bolt, the 2008 World Record holder of the 100 and 200 meter sprint.
* Michael Phelps, the most decorated swimmer ever with 14 Olympic gold medals.
* Tim Linecum, the National League baseball’s Cy Young Award winner for 2009.
* Santonio Holmes, the Super Bowl XLII’s MVP.
* Mark Stepnoski, two-time Super Bowl champion. "I'd rather smoke than take painkillers."
* Randy Moss, NFL single season touchdown reception record (23, set in 2007), and the NFL single-season touchdown reception record for a rookie (17, in 1998). Moss has founded, and financed many charitable endeavors including the the Links for Learning foundation, formed in 2008.
* Ricky Williams, the Heisman Trophy Winner in 1998. Throughout his life, Williams has dealt with anxiety and depression. He used to advertise the prescription drug Paxil. However he later stated “Marijuana is 10 times better for me than Paxil.”
malcolm kyle
9:19 am on Sunday, January 22, 2012
* Kareem Abdul-Jabbar, the NBA's all-time leader in points scored (38,387), games played, minutes played, field goals made, field goal attempts, blocked shots and defensive rebounds. During his career with the NBA's Milwaukee Bucks and Los Angeles Lakers from 1969 to 1989, Abdul-Jabbar won six NBA championships and a record six regular season MVP Awards. He has a prescription to smoke marijuana in California, which he says he uses to control nausea and migraine headaches. He has been arrested twice for marijuana possession.
* "I just let him know that most of the players in the league use marijuana and I have and do partake in smoking weed in the offseason" - Josh Howard, forward for the Dallas Mavericks. Howard admitted to smoking marijuana on Michel Irvin’s ESPN show.
* "You got guys out there playing high every night. You got 60% of your league on marijuana. What can you do?" - Charles Oakley (Chicago Bulls, New York Knicks, Toronto Raptors, Washington Wizards and Houston Rockets)
* "I personally know boxers, body builders, cyclists, runners and athletes from all walks of life that train and compete with the assistance of marijuana," - WWE wrestler Rob Van Dam
* Some of the best cricket players of all time, like Phil Tufnell and Sir Ian Botham, have admitted to regularly using marijuana to deal with stress and muscle aches. In 2001, half of South Africa's cricket team was caught smoking marijuana with the team physiotherapist.
Yes We Cann!
10:18 am on Sunday, January 22, 2012
Tighten the belt California! There are too many gangster/thug operated dispensaries out there that have no place distributing medicine other than the black market! The MMJ Industry needs a set of operational standards to follow. We need zoning enforcement, not a limbo-land of either bans or free-for all's. We need real lab testing, not just potency, but for chemicals, molds, pesticides, etc. We need agricultural standards, not gangster hydroponic garages protected by pit bulls and guns. We need research and education based on science, not contrived sales tactics to boost revenue. We need proper production standards for edibles; packaging, labeling, a standardized dosage, safe food handling practices. We need the Industry to regulate itself! The research and regulation is not going to happen from outside of the industry, it has to come from within. We need to change the perceptions!
Pharmacies have no place working with Medical Marijuana. If anything, Apothecary Centers do; this is a wellness issue, not a sickness issue. Dispensaries should have regulations and requirements in order to open doors, not lottery systems like bars and liquor stores! And, we need to protect California's ecomony. Big Pharma and Big Ag will quickly polarize and destroy the Citizens multi-billion dollar industry, and once again leave us in disarray.
Banning dispensaries is a very bad idea, empowers the black market, reduces tax revenue, and backtracks on a tremendous amount of research.