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Medical marijuana case appears headed back to trial

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

 
Comments () | Archives (13)

Yes, we need more dope in California! Please give us more dope!

'...headed back to trial'...'...headed back to trial'> Can't the Times announce victory with its headlines?

So we have a city, arguing on behalf of its constituents, that the Federal government has precedence over state law? How short sighted. There are other ways to solve this. The Federal government has no power the constitution does not EXPLICITLY allow for. Stand up for the constitution Anaheim.

Legalize it!

Medicinal Cannabis is highly effective in a wide variety of medical conditions, ranging from cancer to glaucoma to chronic pain, to PTSD.. It is amazing that in our day and age the Feds and their DEA cling to outdated "dogmas" and suppress further research into the remarkable medicinal properties of the Cannabis plant. I cannot believe that this Inquisition-style repression with regards to science and scientific research is even possible in contemporary America, of all places. But the fact remains very clear: Cannabis is not physically addictive and the so-called "gateway drug" theory is nonsense. I was very impressed with Arizona voters this past election because despite all the scare-tactics, all the deceptions, all the distortions, the voters of Arizona, many being rather Conservative, still voted for their own interests, for the medicinal Cannabis, and against the "politicos" "dogma". Cannabis is Medicine, people, it has been medicine for thousands of years, and it will still be medicine long after the current prohibitionist crowd passes into oblivion! Legalize Medicinal Cannabis in all 50 States ASAP!

Considering that this has been the most watched medical marijuana case in the most watched medical marijuana state, I wonder what took so long to report on this when the decision has been out for 5 days. I had been digging since Friday to find any mainstream media outlet report on this monumental development. I understand the powers that be wish this case to be buried - thankfully the requests for depublication of the opinion were denied. However, considering the LA and OC county board of supervisors (as well as various counties up north) are considering implementing bans in unincorporated areas this week, getting this information out sooner, perhaps with some analysis as to how this might impact the legality of the contemplated actions by these counties, would have been quite useful.

Now that Pringle is gone maybe sanity can be restored to the Anaheim CC. Spending money on this is a waste of time and resources. Keep in mind that Anaheim, Disney Corp, and most businesses do not utilize E-verify in its' hiring practices. Anaheim is a tourist attraction and a haven for undocumented immigration and business interests looking for beneficial tax breaks to relocate. What would happen if Anaheim required all businesses to utilize E-verify? There would be practically no unemployment.

Meanwhile, Alcohol, Tobacco, Prescription pills, cough syrup, coffee and guns are all legal and OK to do, but Marijuana isn't. I am not buying the B.S. lies anymore.

Prop. 215 applies to the entire state. There are no actual problems created by these collectives. The city governments just don't like to see them there. All these bans are simply based on politics, and not on anything else. I look forward to all the bans being overturned!

Medicinal Cannabis is highly effective in a wide variety of medical conditions, ranging from cancer to glaucoma to chronic pain, to PTSD.. It is amazing that in our day and age the Feds and their DEA cling to outdated "dogmas" and suppress further research into the remarkable medicinal properties of the Cannabis plant. I cannot believe that this Inquisition-style repression with regards to science and scientific research is even possible in contemporary America, of all places. But the fact remains very clear: Cannabis is not physically addictive and the so-called "gateway drug" theory is nonsense. I was very impressed with Arizona voters this past election because despite all the scare-tactics, all the deceptions, all the distortions, the voters of Arizona, many being rather Conservative, still voted for their own interests, for the medicinal Cannabis, and against the "politicos" "dogma". Cannabis is Medicine, people, it has been medicine for thousands of years, and it will still be medicine long after the current prohibitionist crowd passes into oblivion! Legalize Medicinal Cannabis in all 50 States ASAP!

We have kids killing each other with guns and you are worried about harmless marijuana???
We have cocaine, heroin and alcohol killing people and all these lame city officials want to do is ban harmless marijuana??
We have corrupt city managers stealing millions from the people and all we want to do is focus on harmless marijuana??

CA Voted, Medical marijuana is staying. GET OVER IT.
Marijuana is harmless, with NO reported drug overdose deaths reported from its use.
Get the facts, get your ducks lined up in a row and move on more serious things. This is nonsense.
Marijuana should be legal anyway.

HAHAHA! i hope that every medical marijuana dispensary thats been closed gets together and sues the pants off the counties and state and breaks them

Legal marijuana is unfair to the Latino community.

The Latino community via its links with cartels in Mexico makes money from selling black market marijuana imported from Mexico.


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