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Appellate Court Rules in Anaheim Medical Marijuana Dispensary Lawsuit

August 20, 2010One CommentMedical Marijuana Law , , , , ,

This ruling was supposed to be the one that set precedent for cities in California to legally be able to ban medical marijuana dispensaries within their city limits.   In 2007 the City of Anaheim banned marijuana dispensaries stating that they can’t create an ordinance that conflicts with federal law (marijuana is illegal federally).  The decision was appealed and just today the ruling came in.  ANAHEIM CAN NOT BAN MEDICAL MARIJUANA DISPENSARIES USING THE “IT IS ILLEGAL UNDER FEDERAL LAW” ARGUMENT.  HOWEVER...

…What they didn’t do is say whether or not Anaheim can ban something that is legal in California.  So they sent punted the case back to the original judge and court and basically said “You determine if Anaheim can ban something that is legal in the State”.   SO KNOW WE HAVE TO WAIT AND SEE IF THIS JUDGE CAN COME TO A DECISION.   Based on the appellate courts ruling I can’t see how he will rule in favor of Anaheim.

Patients have the right to use cannabis legally.  They should have the ability to purchase their medicine legally.  95% of patients are NOT capable of growing their own medicine.  It is too expensive to set up and too time consuming for most.   It just is not realistic.   I have patients in their 70′s, 80′s, and older that deserve a safe, professional and private place to get their medication.   They should not be forced out to the “boonies” to get it.

This Judge better really think this one through.   I am not sure if there is any precedent for a city to ban something outright that is legal per State law.   Strip clubs?  Bars?   DOES ANYONE KNOW??  This does seem like a slippery slope though.

I honestly do not know why cities are so against them.    If run professionally (and again set some standards for them) they are actually really nice and the patients appreciate them.   Look, the reason why cities like Irvine should allow medical marijuana dispensaries is because the people who live in the city of Irvine are using medical marijuana and there is a market for it.   I KNOW BECAUSE I SEE PATIENTS EVERYDAY THAT LIVE IN IRVINE!   They are good, hardworking, honest Americans who are tired of taking prescription drugs.  They are not the “potheads” that obviously the people in charge of making these decisions think they are.

If this is how the cities are going to act towards proposition 215 I can not imagine what a cluster it will be if Proposition 19 passes.   It seems to me that it will be organized chaos at best.    Every city will be scrambling to figure out what they want to do… and people are going to be scratching their heads wondering what is legal and what isn’t.

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1 comment to “Appellate Court Rules in Anaheim Medical Marijuana Dispensary Lawsuit”

  1. landscaping pasadena | December 7, 2010 | Permalink Reply

    now that just stirred up publicity stunt by washing their own hands from public eyes. then heading on for trial by publicity so that the outcome would still decry something that is legally accepted in california… boooo

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