cannabisnews.com: CA Appellate Court Issues Ruling on Dispensary Ban
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CA Appellate Court Issues Ruling on Dispensary Ban
Posted by CN Staff on August 19, 2010 at 07:35:34 PT
By Greg Risling,  Associated Press
Source: Associated Press
Anaheim, CA -- A California appellate court on Wednesday remanded a case back to an Orange County judge to consider whether cities can ban medical marijuana dispensaries. The long-awaited ruling by the 4th District Court of Appeal did little to clear the haze over the ongoing dispute regarding pot shops that have flourished across the state since a 1996 law was passed that allows marijuana use with a doctor's recommendation.
The panel said the lower court hadn't addressed if local laws could trump the state's provisions. "As anxious as we, the parties, and amici curiae are to reach this important and interesting question of state preemption, this case in its present posture is not the occasion to do so," the court wrote. The case stems from a 2007 lawsuit in which a patients' group, Qualified Patients Association, challenged Anaheim's decision to prohibit dispensaries, arguing it conflicts with state law and violates the civil rights of disabled people. Anaheim officials argued they have the right to regulate what businesses should be permitted in their city. "The City applauds the Court of Appeal in ruling that the City's ordinance does not violate the Unruh (Civil Rights) Act. We are, however, disappointed in that part of the Court of Appeal's decision on the Federal preemption issue," the city said in a statement. The city attorney's office will take up the case with the City Council in closed session on Aug. 24 and will seek further direction from the council at that time, the statement said. More than 120 cities and counties in California have barred pot clinics. Federal law still forbids marijuana possession. The lower court did side with the city of Anaheim in its September 2007 ruling, saying federal law preempts state law. But the appeals court disagreed with that assessment, determining that local officials should uphold state law. "This was a major argument cities have been making," said Tony Curiale, an attorney who represents the patients' group in the lawsuit. "Cities are now going to have to use state grounds for banning distribution of medical marijuana and can no longer use federal preemption arguments." Alex Kreit, a law professor at the Thomas Jefferson School of Law in San Diego, said the lower court will have to decide the legal merits of locals trying to prohibit dispensaries and it will take some more time to reach a decision. The appellate court's opinion "leaves things just as unclear as they were yesterday," Kreit said. Source: Associated Press (Wire)Author: Greg Risling,  Associated Press WriterPublished: August 19, 2010Copyright: 2010 The Associated PressCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #11 posted by FoM on August 20, 2010 at 04:54:48 PT
Paint with light
You're very welcome.
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Comment #10 posted by Paint with light on August 20, 2010 at 00:00:32 PT
Comment #2
Thanks FoM for that link.I recently received an e-mail glorifying the fifties entitled the decade that made us, or something like that.I noticed that every scene was only white people and white culture. I e-mailed back the fact that out of over forty people in the piece, only one was a person of color and he was on an album cover.No need to go into the reply except to say the person said I could not understand a person of color's point of view because I am white.She said she shared my reply to the person who had sent her the e-mail, who happened to be African American or as she said "black".She told me his reply was, "What have I done recently for any person of color?'I e-mailed her back about my daily activism on trying to change the insane drug laws and especially the cannabis laws.I just sent her the opening paragraph from the article in the link.Thanks so much for what you do.Legal like unions. 
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Comment #9 posted by Hope on August 19, 2010 at 19:46:21 PT
You'll took a lot of fire from the prohibitionists
But you did a lot of good. A lot of good. In different ways, both of you.
[ Post Comment ]


Comment #8 posted by Hope on August 19, 2010 at 19:44:47 PT
The "R"s
There's Runruff and Rev Ray.You'll are so out there. Crazy out there, to me. But I do understand why.
[ Post Comment ]


Comment #7 posted by FoM on August 19, 2010 at 17:27:33 PT
News Article From Mens News Daily
Did the Veterans Administration Unseat Marijuana From Schedule I?August 19, 2010URL: http://mensnewsdaily.com/2010/08/19/did-the-veterans-administration-unseat-marijuana-from-schedule-i/
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Comment #6 posted by RevRayGreen on August 19, 2010 at 16:56:52 PT
'Green Central Station'
presents "MedicalMarijuanaOutlaws" - host introduction-debut 8/21/10 -The FIVE R's of Green Central Station RIGHTS,ROCK,REGGAE,RAP,REFORM .....BRING IT !!!!!!!!http://bit.ly/8ZsDe5
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Comment #5 posted by runruff on August 19, 2010 at 16:27:32 PT
canais420
Never so far but it is possible.Thanks-btw
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Comment #4 posted by Canis420 on August 19, 2010 at 15:18:34 PT:
runruff
Does your garden ever recieve any rogue pollen from outside sources...looks great btw
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Comment #3 posted by runruff on August 19, 2010 at 14:00:45 PT
All o' ya'll, see here!
An update on my freedom garden. We are alive and well thank you!http://www.youtube.com/watch?v=geFx-ujgWvU 
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Comment #2 posted by FoM on August 19, 2010 at 13:39:02 PT
Longshore Workers Endorse Prop 19 
Longshore Workers Endorse Prop 19 while Prison Guards’ Union Stays NeutralURL: http://drugsense.org/url/25HrzarW
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Comment #1 posted by runruff on August 19, 2010 at 07:52:53 PT
"... just as unclear as they were yesterday"
Paraphrase; I am as stupid today as I was yesterday!
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