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A state appellate panel today finalized its ruling overturning the dismissal of a lawsuit challenging Anaheim's ban on medical marijuana dispensaries, sending the case back to an Orange County Superior Court judge.
The Fourth District Court of Appeal's ruling came after the state Supreme Court refused to consider the panel's decision, which was first handed down Aug. 18.
"Obviously, the city is disappointed the California Supreme Court did not grant review," said Moses Johnson, an attorney representing Anaheim.
The appellate court justices ruled that Orange County Superior Court Judge David Chaffee mistakenly dismissed the case based on arguments that federal law trumps state law decriminalizing medical marijuana.
However, the city prevailed on its argument that the ordinance approved in July 2007 does not violate civil rights.
Chaffee will again take up the case, probably sometime next month, Johnson said.
The Qualified Patients Association, a medical marijuana dispensary, lost its lawsuit in September 2007 and appealed in March 2009.
The appellate justices did not rule on the question of whether state laws allowing medical marijuana preempt the city's ordinance.
That will likely form the basis of the amended lawsuit that will come before Chaffee as attorneys argue whether the state's Medical Marijuana Program - approved in 2003 to clarify Proposition 215, which voters approved in 1996 - bars local governments from using nuisance abatement and other laws to prohibit the dispensing of medical marijuana from storefronts, offices or other property.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: Beverly Hills
Contact: Beverly Hills
Copyright:2010 Beverly Hills Courier
Website:Medical Marijuana dispensary ban lawsuit sent back to O.C. Judge - Beverly Hills Courier, Beverly Hills Newspaper
The Fourth District Court of Appeal's ruling came after the state Supreme Court refused to consider the panel's decision, which was first handed down Aug. 18.
"Obviously, the city is disappointed the California Supreme Court did not grant review," said Moses Johnson, an attorney representing Anaheim.
The appellate court justices ruled that Orange County Superior Court Judge David Chaffee mistakenly dismissed the case based on arguments that federal law trumps state law decriminalizing medical marijuana.
However, the city prevailed on its argument that the ordinance approved in July 2007 does not violate civil rights.
Chaffee will again take up the case, probably sometime next month, Johnson said.
The Qualified Patients Association, a medical marijuana dispensary, lost its lawsuit in September 2007 and appealed in March 2009.
The appellate justices did not rule on the question of whether state laws allowing medical marijuana preempt the city's ordinance.
That will likely form the basis of the amended lawsuit that will come before Chaffee as attorneys argue whether the state's Medical Marijuana Program - approved in 2003 to clarify Proposition 215, which voters approved in 1996 - bars local governments from using nuisance abatement and other laws to prohibit the dispensing of medical marijuana from storefronts, offices or other property.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source: Beverly Hills
Contact: Beverly Hills
Copyright:2010 Beverly Hills Courier
Website:Medical Marijuana dispensary ban lawsuit sent back to O.C. Judge - Beverly Hills Courier, Beverly Hills Newspaper
