420 Warrior
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The City of Dana Point on April 3 was served with a lawsuit filed by attorney Jeffrey Schwartz alleging that the city's closure of the medical marijuana dispensary where he previously filled his prescriptions, as well as other dispensaries, is a violation of his constitutional rights.
Schwartz, the attorney who represents closed medical marijuana dispensary Beach Cities Collective and Malinda Traudt, a blind and severely ill San Clemente woman who unsuccessfully sued the city alleging the closing of the shop violated her constitutional rights to medication, will be representing himself in the case.
Schwartz remains a member of the Beach Cities Collective but now says that since the dispensary's -- along with other Dana Point and Orange County shops -- closure he is forced to travel to Los Angeles County for his prescribed medication instead of making the short, less than 2-mile trip to the Dana Point shop.
Beach Cities Collective was one of three remaining medical marijuana dispensaries the city red-tagged in 2011 citing municipal code violations.
The case also attempts to reverse the city's ban on dispensaries and obtain a court decision on whether such bans are constitutional.
The case is very similar to the Traudt case, Schwartz said. Although that case ended when the Supreme Court decided not to take up the issue, he believes the question of whether cities have the right to single out and prohibit marijuana remains unanswered.
Schwartz argues that physician-recommended medical marijuana, like Oxycontin, or any other prescribed drug, is a form of health care protected by the California Health Care Decisions Law.
In his complaint, Schwartz alleges that the city's actions interfere with "his fundamental rights to autonomy, privacy and to control the course of his medical treatment, in concert with his physician."
Dana Point city Attorney Patrick Munoz declined to comment but said the city will decide on its next course of action shortly.
News Hawk - 420 Warrior 420 MAGAZINE
Location: Dana Point, CA
Source: Dana Point Times
Author: Andrea Swayne
Contact: aswayne@danapointtimes.com
Copyright: 2012 Dana Point Times
Website: www.danapointtimes.com
Schwartz, the attorney who represents closed medical marijuana dispensary Beach Cities Collective and Malinda Traudt, a blind and severely ill San Clemente woman who unsuccessfully sued the city alleging the closing of the shop violated her constitutional rights to medication, will be representing himself in the case.
Schwartz remains a member of the Beach Cities Collective but now says that since the dispensary's -- along with other Dana Point and Orange County shops -- closure he is forced to travel to Los Angeles County for his prescribed medication instead of making the short, less than 2-mile trip to the Dana Point shop.
Beach Cities Collective was one of three remaining medical marijuana dispensaries the city red-tagged in 2011 citing municipal code violations.
The case also attempts to reverse the city's ban on dispensaries and obtain a court decision on whether such bans are constitutional.
The case is very similar to the Traudt case, Schwartz said. Although that case ended when the Supreme Court decided not to take up the issue, he believes the question of whether cities have the right to single out and prohibit marijuana remains unanswered.
Schwartz argues that physician-recommended medical marijuana, like Oxycontin, or any other prescribed drug, is a form of health care protected by the California Health Care Decisions Law.
In his complaint, Schwartz alleges that the city's actions interfere with "his fundamental rights to autonomy, privacy and to control the course of his medical treatment, in concert with his physician."
Dana Point city Attorney Patrick Munoz declined to comment but said the city will decide on its next course of action shortly.
News Hawk - 420 Warrior 420 MAGAZINE
Location: Dana Point, CA
Source: Dana Point Times
Author: Andrea Swayne
Contact: aswayne@danapointtimes.com
Copyright: 2012 Dana Point Times
Website: www.danapointtimes.com
