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Medical marijuana case appears headed back to trial

December 6, 2010 |  6:08 pm

One of the most closely watched medical marijuana court cases in California, which centers on whether cities and counties have the power to ban dispensaries, appears headed back to trial after the state Supreme Court declined to review a recent appellate court decision.

Qualified Patients Assn. sued Anaheim in 2007, arguing that the state’s medical marijuana laws preclude a ban on dispensaries. The case was appealed before a trial, and the 4th District Court of Appeal in Santa Ana declined to rule on the issue in August, returning it to the lower court.

Last week, the state’s highest court decided not to review that decision, and on Monday the appellate court closed the case. The city could still ask the U.S. Supreme Court to take it up.

“Right now, it doesn’t look like we are going to do that,” said Moses W. Johnson IV, an assistant Anaheim city attorney. “It’s even a bigger uphill battle to get the U.S. Supreme Court interested.”
Johnson said he expects a trial would be quick and the losing side would appeal.

Anthony Curiale, the attorney for Qualified Patients Assn., was traveling and could not be reached.

The state Supreme Court’s decision left standing a ruling by the appeals court that federal law does not preempt the state’s medical marijuana laws. Anaheim had argued that dispensaries are illegal under the Controlled Substances Act, and Orange County Superior Court Judge David R. Chaffee had sided with the city. Chaffee will probably preside over the trial.

“We’re obviously quite happy to see the California Supreme Court deny the review,” said Joe Elford, chief counsel for Americans for Safe Access, a national organization that advocates for medical marijuana programs. “You’ve got another published opinion saying federal law does not preempt state law, and this one did so very forcefully.”

RELATED:

Pot dispensaries banned in unincorporated L.A. County

L.A., OC supervisors to consider medical marijuana dispensary ban

O.C. supervisors to consider ban on medical marijuana dispensaries

-- John Hoeffel

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