ASA Argues Citys Dispensary Ban Violates California Law
| By Americans For Safe Access | Published October 7, 2009 |
In a case with wide-reaching implications, Americans for Safe Access has told an appellate court that city bans on medical cannabis dispensaries violate state law.
The case involves a small dispensing collective in Anaheim, Qualified Patients Association, that had been in operation for five months when the city council passed a ban in July 2007. After a superior court ruled against the patients, ASA took up the appeal, arguing that the state medical cannabis law supersedes local bans.
"The City of Anaheim cannot hide behind federal law," said ASA Chief Counsel Joe Elford during oral arguments. "Local governments cannot simply ban an activity that has been deemed lawful by the state."
When California's legislature adopted the Medical Marijuana Program act of 2003, its stated intent was to ensure a uniform implementation of the state's medical cannabis initiative. The legislature also determined that patients can collectively cultivate their cannabis and be reimbursed for it.
In August 2008, shortly after the appeal was filed, the California Attorney General issued guidelines recognizing the legality of storefront dispensaries.
Yet while more than 40 local governments have adopted regulations for the operation of collectives that dispense cannabis to qualified patients, at least 120 have forbidden such dispensaries.
The Fourth Appellate District Court, which is expected to issue a decision within 90 days, previously ruled in another ASA case, Garden Grove v. Superior Court, that the state's medical marijuana law was not preempted by federal law and that local officials must uphold state, not federal, law.
Further information:
ASA Amicus Brief In Anaheim Case
Appellate Court History In Anaheim Case
List Of Dispensary Regulations And Bans In California
