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Federal judge upholds ban on marijuana dispensaries in 2 Orange County cities

May 3, 2010 | 12:11 pm

A federal judge on Monday threw out a lawsuit by four Orange County medical marijuana users who contended citywide bans on pot dispensaries in Lake Forest and Costa Mesa violated the Americans with Disabilities Act.

U.S. District Judge Andrew Guilford rejected the argument that laws prohibiting pot dispensaries in the two cities conflicted with the disabilities act or with the plaintiffs’ access to public services.

Guilford initially sided with the cities last month, citing federal law that prohibits the sale of marijuana, but then later agreed to listen to arguments made by the patients, Marla James, Wayne Washington, James Armantrout and Charles Daniel DeJong.

The plaintiffs, each of them Orange County residents, argued that they use marijuana to treat various medical ailments. 

After his review, the judge ruled with the cities’ position that access to marijuana is not covered by the disabilities act.

“Because marijuana cannot be prescribed under the ADA, the court finds no likelihood of success on the merits,” Guilford wrote in his ruling. 

Read more details about the case at the Daily Pilot.

-- Mona Shadia

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