Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The future of Long Beach's medical marijuana regulations - and potentially of medical marijuana throughout the state - is in question after an appeals court ruling Wednesday.
The 2nd District Court of Appeals ruled that a Los Angeles County Superior Court judge must reexamine his decision Nov. 2 upholding Long Beach's new medical marijuana ordinance.
At issue is whether Long Beach's issuance of permits for medical marijuana collectives is a violation of federal law, which considers marijuana an illegal drug. That is exactly what the plaintiffs, medical marijuana patients Ryan Pack and Anthony Gayle, argue in their lawsuit.
The appeals court ruled that the lower court didn't fully address the matter.
"The issue of federal preemption was raised but not considered in the trial court," the appeals court says in its order. "This court believes that this is an important unresolved question that should be addressed."
Long Beach's law requires collectives to meet a range of requirements before they can be given a permit to operate. Among other things, the ordinance prohibits collectives from locating in residential zones, near schools or near each other, and it requires that the marijuana be grown within the city limits.
The appeals courts decision to stay the lower court's ruling doesn't have an immediate impact on the enforcement or enactment of Long Beach's law.
Matthew Pappas, the attorney for the plaintiffs, couldn't be reached for comment Wednesday, but City Attorney Bob Shannon didn't seem to consider the appeals court decision a loss.
"I am frankly relieved a court is finally addressing the elephant in the room - the elephant in the room being the impact that federal law has on state law," Shannon said.
Under a 1996 voter-approved proposition, California allows the use of marijuana for medicinal purposes if recommended by a doctor. Advocates say that cities and counties must provide patients with reasonable access to the drug, which is used by cancer patients, AIDS patients, those with chronic pain and others.
If the Los Angeles County court rules that Long Beach's ordinance violates federal laws, Long Beach would likely have to repeal or rewrite its ordinance.
The ruling could set a precedent for similar cases around the state, or if appealed, it could eventually work its way up to the state Supreme Court. Any decision there could have far-reaching effects on California's medical marijuana laws, possibly reinterpreting what state or local governments
"It's a bigger issue than just simply Long Beach's ordinance," Shannon said.
That, he said, is why it seems strange that medical marijuana advocates would use such a tactic in fighting Long Beach's regulations. The city is fighting five other legal challenges of the ordinance as well, but none of them uses federal preemption.
"Even if you accept the argument that there is preemption, how does it benefit medical marijuana advocates? It doesn't," Shannon said.
Long Beach is one of many California cities that have attempted to regulate or outright ban medical marijuana in recent years as the number of collectives and dispensaries has skyrocketed.
Almost daily, it seems, there are new developments in marijuana laws around the state.
On Tuesday, the County Board of Supervisors voted to create a ban on medical marijuana outlets in unincorporated areas of the city.
Last week, the Long Beach council voted to rework its ordinance to make it more restrictive by implementing new rules, such as prohibiting collectives near parks. The move, which came after months of debate over the initial version of the law but before permits had been issued, sparked an outcry from the local medical marijuana community.
NewsHawk: User: 420 MAGAZINE
Source: presstelegram.com
Author: Paul Eakins
Copyright: 2010 Los Angeles Newspaper group
Contact: paul.eakins@presstelegram.com
Website: Long Beach pot law gets legal setback - Press-Telegram
The 2nd District Court of Appeals ruled that a Los Angeles County Superior Court judge must reexamine his decision Nov. 2 upholding Long Beach's new medical marijuana ordinance.
At issue is whether Long Beach's issuance of permits for medical marijuana collectives is a violation of federal law, which considers marijuana an illegal drug. That is exactly what the plaintiffs, medical marijuana patients Ryan Pack and Anthony Gayle, argue in their lawsuit.
The appeals court ruled that the lower court didn't fully address the matter.
"The issue of federal preemption was raised but not considered in the trial court," the appeals court says in its order. "This court believes that this is an important unresolved question that should be addressed."
Long Beach's law requires collectives to meet a range of requirements before they can be given a permit to operate. Among other things, the ordinance prohibits collectives from locating in residential zones, near schools or near each other, and it requires that the marijuana be grown within the city limits.
The appeals courts decision to stay the lower court's ruling doesn't have an immediate impact on the enforcement or enactment of Long Beach's law.
Matthew Pappas, the attorney for the plaintiffs, couldn't be reached for comment Wednesday, but City Attorney Bob Shannon didn't seem to consider the appeals court decision a loss.
"I am frankly relieved a court is finally addressing the elephant in the room - the elephant in the room being the impact that federal law has on state law," Shannon said.
Under a 1996 voter-approved proposition, California allows the use of marijuana for medicinal purposes if recommended by a doctor. Advocates say that cities and counties must provide patients with reasonable access to the drug, which is used by cancer patients, AIDS patients, those with chronic pain and others.
If the Los Angeles County court rules that Long Beach's ordinance violates federal laws, Long Beach would likely have to repeal or rewrite its ordinance.
The ruling could set a precedent for similar cases around the state, or if appealed, it could eventually work its way up to the state Supreme Court. Any decision there could have far-reaching effects on California's medical marijuana laws, possibly reinterpreting what state or local governments
"It's a bigger issue than just simply Long Beach's ordinance," Shannon said.
That, he said, is why it seems strange that medical marijuana advocates would use such a tactic in fighting Long Beach's regulations. The city is fighting five other legal challenges of the ordinance as well, but none of them uses federal preemption.
"Even if you accept the argument that there is preemption, how does it benefit medical marijuana advocates? It doesn't," Shannon said.
Long Beach is one of many California cities that have attempted to regulate or outright ban medical marijuana in recent years as the number of collectives and dispensaries has skyrocketed.
Almost daily, it seems, there are new developments in marijuana laws around the state.
On Tuesday, the County Board of Supervisors voted to create a ban on medical marijuana outlets in unincorporated areas of the city.
Last week, the Long Beach council voted to rework its ordinance to make it more restrictive by implementing new rules, such as prohibiting collectives near parks. The move, which came after months of debate over the initial version of the law but before permits had been issued, sparked an outcry from the local medical marijuana community.
NewsHawk: User: 420 MAGAZINE
Source: presstelegram.com
Author: Paul Eakins
Copyright: 2010 Los Angeles Newspaper group
Contact: paul.eakins@presstelegram.com
Website: Long Beach pot law gets legal setback - Press-Telegram
