cannabisnews.com: CA Cities Sued Over Medical Marijuana Ordinances
function share_this(num) {
tit=encodeURIComponent('CA Cities Sued Over Medical Marijuana Ordinances');
url=encodeURIComponent('http://www.cannabisnews.com/news/25/thread25663.shtml');
site = new Array(5);
site[0]='http://www.facebook.com/sharer.php?u='+url+'&title='+tit;
site[1]='http://www.stumbleupon.com/submit.php?url='+url+'&title='+tit;
site[2]='http://digg.com/submit?topic=political_opinion&media=video&url='+url+'&title='+tit;
site[3]='http://reddit.com/submit?url='+url+'&title='+tit;
site[4]='http://del.icio.us/post?v=4&noui&jump=close&url='+url+'&title='+tit;
window.open(site[num],'sharer','toolbar=0,status=0,width=620,height=500');
return false;
}
CA Cities Sued Over Medical Marijuana Ordinances
Posted by CN Staff on May 11, 2010 at 20:07:53 PT
By Amanda Bronstad, The National Law Journal
Source: National Law Journal
California -- Medical marijuana dispensaries have filed lawsuits against California cities, including Los Angeles, challenging ordinances that effectively threaten the existence of their businesses.Besides the dispensaries, the plaintiffs include medical marijuana users and organizations that promote the use of medical marijuana. Vincent Howard, founding partner of Howard | Nassiri, based in Anaheim, Calif., who represents at least 10 dispensaries in Los Angeles, expects more suits to be filed.
"As long as cities want to turn a blind eye and pretend like this isn't coming, there's going to be a lot of lawsuits and a proliferation of dispensaries," he said."We continue to see in California dispensaries trying all sorts of creative ways to try to establish their legality under cities' municipal codes," said Jeffrey Dunn, a partner in the Irvine, Calif., office of Best Best & Krieger. He is defending Lake Forest, Calif., in several suits. "To date, none of them has been successful."On March 18, the nation's largest medical marijuana organization, Americans for Safe Access, sued the city of Los Angeles over an ordinance that requires that dispensaries be located at least 1,000 feet from schools, parks, libraries, churches and other "sensitive uses."Earlier this month, city prosecutors sent letters to 439 medical marijuana dispensaries, demanding they be shut down by June 7. Violators face six months in jail and a $1,000 fine, which increases to $2,500 per day after the deadline.Americans for Safe Access sued on behalf of two dispensaries, Venice Beach Care Center and PureLife Alternative Wellness Center. In its complaint, the organization said that the ordinance is too restrictive. It would be too burdensome for many dispensaries to relocate, "effectively forcing plaintiffs, as well as the vast majority of medical marijuana collectives in the City, to close their doors," the complaint said. "This violates due process, since plaintiffs have a vested right to operate their collectives, which cannot be deprived in such an unreasonable manner."Joe Elford, chief counsel for Americans for Safe Access, which is based in Oakland, Calif., did not return a call for comment. Frank Mateljan, a spokesman for Los Angeles City Attorney Carmen Trutanich, said: "We're ready to defend the city's ordinance against any challenges, and we're confident that the ordinance will stand up in court."Two other cities that have been sued in recent months include Lake Forest and Costa Mesa, Calif., both in Orange County. A proposed class action was filed on April 2 in federal court in Los Angeles against both cities on behalf of four medical marijuana users. The plaintiffs alleged that the towns have discriminated against them under the Americans with Disabilities Act by denying them fair access to public services."Each plaintiff is dependent on the use of medical marijuana to assist with their being able to participate in major life activities and receive services or participate in programs provided by public entities such as: use of public transportation, public roadways, libraries, parks and other public services," the complaint alleged.U.S. District Judge Andrew Guilford in Santa Ana, Calif., on April 30 denied the plaintiffs' motion for a preliminary injunction. "Because marijuana cannot be prescribed under the ADA, the Court finds no likelihood of success on the merits," he wrote.A lawyer for the plaintiffs, Matthew Pappas of the Law Offices of Matthew Pappas in Mission Viejo, Calif., said that he was exploring his interlocutory appeal options."Our position is that the federal government has acted to allow an exception" under the ADA, he said. He noted that city leaders in Washington recently approved the use of medical marijuana.A lawyer for Costa Mesa, James Touchstone of Jones & Mayer in Fullerton, Calif., did not return a call for comment.Dunn noted that the Lake Forest ordinance does not ban dispensaries; it merely disallows them in commercial zones. "Whether they're in compliance with state law, they're not in compliance with our zoning," he said.Lake Forest has sued 21 dispensaries since September, he said. One dispensary, the Lake Forest Wellness Center and Collective, countersued on April 13, alleging that the city's actions violate state law."I know the subject of marijuana has been a taboo subject for a long time, but it's a legal business," said Howard, who represents the Lake Forest Wellness Center and Collective. "People should be allowed to move forward and open these businesses. It's not up to the cities to change California law."Another suit, filed on April 16, alleged that Costa Mesa "severely restricts access to medical marijuana effectively forcing plaintiffs, as well as the vast majority of medical marijuana collectives in the City, to close their doors."The suit was filed by the Orange County Directors Association and two dispensaries, Herban Elements Inc. and Medmar Patient Care Collective. An attorney for the plaintiffs, Christopher Glew of Glew & Kim in Santa Ana, did not return a call for comment.Source: National Law Journal (US)Author: Amanda Bronstad, The National Law JournalPublished: May 12, 2010Copyright: 2010 NLP IP CompanyURL: http://drugsense.org/url/PAwnqslHContact: http://drugsense.org/url/YuhCTHExWebsite: http://www.law.com/jsp/nlj/news.jspCannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
Home Comment Email Register Recent Comments Help
Comment #31 posted by Hope on May 13, 2010 at 14:45:20 PT
This needs updating.
http://www.frontiernet.net/~runruff/J/
[ Post Comment ]
Comment #30 posted by Hope on May 13, 2010 at 13:13:37 PT
Comment 29
I wish I could write what reading that was like to me.It makes me happy. That's for sure.
[ Post Comment ]
Comment #29 posted by runruff on May 13, 2010 at 12:27:59 PT
Dear Had...
I know that I won't admit that I don't know nuthin'!
[ Post Comment ]
Comment #28 posted by Had Enough on May 13, 2010 at 11:40:16 PT
Spell Check
“past” should have been...paste.But I'll bet you knew that....:)
[ Post Comment ]
Comment #27 posted by Had Enough on May 13, 2010 at 11:37:03 PT
Pro-legalization candidates
Liberty Candidates believe in full legalization. Ending the drug war is part of their specific platform. Many of the candidates on this list are front runners and need your help. Some not so much and need your help even more.Here is a list by state of these pro-legalization candidates: http://www.liberty-candidates.org/***This is a cut & paste from here...#25http://blog.norml.org/2010/05/11/the-hill-obama-drug-plan-firmly-opposes-legalization-as-california-vote-looms/#comments
[ Post Comment ]
Comment #26 posted by Hope on May 13, 2010 at 11:09:48 PT
Thank you, Nic.
We need new voices speaking out all the time.
[ Post Comment ]
Comment #25 posted by Hope on May 13, 2010 at 11:07:44 PT
Canis420
Runruff is right. Look for threads, especially in Florida, where it would be relevant to post Young's response to your concern.There's an amazing amount of places that politician's e-mail could be shared where people might be interested these days. I'm sure, as Runruff said, it was prepared by assistants. They must hate him.
[ Post Comment ]
Comment #24 posted by Nic on May 13, 2010 at 09:18:23 PT
re: the Missouri thing
I contacted Eric Holder at the dept. of justice.Sent the link to the news article and the you tube link.
[ Post Comment ]
Comment #23 posted by runruff on May 13, 2010 at 08:44:29 PT
Take a guy like Bill Young....
...please!I take these canned responses, [obviously written by his handlers] cut and past them all over the Internet.The old, world is flat rhetoric, is not flying with the public anymore but these old political dinosaurs are still spewing the same ol' same ol'. It is like we are saying, "the public is way ahead of the politicians on this one."So take it to the public...let them see first hand the voodoo slight of hand peek-a-boo games played by these old dust farters!
[ Post Comment ]
Comment #22 posted by Hope on May 13, 2010 at 05:52:44 PT
Canis420
I don't believe him... at all, as obviously, you don't either. He's an ignorant, lying, callous, conscienceless, mindless, arrogant, politician.Bill Young said, "While I understand the pain and discomfort suffered by those with terminal illnesses, there are medical alternatives and advances being found each day to address this problem."
[ Post Comment ]
Comment #21 posted by nic on May 13, 2010 at 04:12:01 PT
The Judge
http://www.youtube.com/watch?v=7ved5iREdJc
[ Post Comment ]
Comment #20 posted by Nic on May 13, 2010 at 04:05:18 PT
The Judge came through
re: the Missouri incident http://blog.norml.org/2010/05/11/fox-news-host-calls-for-jailing-missouri-swat-cops-over-botched-pot-raid/Judge Andrew Napolitano, host of Fox News.com’s Freedom Watch, has long been on the right side of the war on drugs, and his scathing critique of the deplorable police actions in Columbia, Missouri is no exception.(To recap for those who have not yet seen the video: under the cover of darkness, a team of militarized SWAT agents enter a family home and immediately engage in gunfire — killing one of two family dogs and wounding the other — and likely inflicting lifelong trauma to the family’s seven-year-old son. Police ultimately seized a small amount of marijuana residue and associated paraphernalia, which resulted in a misdemeanor charge and a $300 fine.)http://www.columbiatribune.com/news/2010/may/03/drug-raid-inquiry-is-ongoing/
[ Post Comment ]
Comment #19 posted by Canis420 on May 12, 2010 at 23:27:18 PT:
My response to Mr. Bill
Mr Bill
I'm sorry to say we will have to vote you out of office because your head is stuck in the sand and will not come out. Cannabis is not a harmful pharmaceutical it is a beneficial, natural herb. It has never killed anyone...how many pharmaceuticals and legal substances can you say that about? And what about the bust the other day in Missouri where cops served a search warrant on what they thought was a big time cannabis dealer and they found a very small personal use amount. The cops shot both of his dogs killing one. Traumatized his child in the process, now he will never trust a cop. This is what is harmful and dangerous!
I am a tax paying citizen and I am tired of hearing stories like these, not caused by a substance but caused by the prohibition of that substance...re-freakin-diculous!
[ Post Comment ]
Comment #18 posted by Canis420 on May 12, 2010 at 23:22:44 PT:
Letter to Florida Congressman
Bill Young. Below is a response I recieved from Congressman Young reagarding Medicinal Cannabis
May 10, 2010
Thank you for sharing with me your thoughts regarding the legalization of marijuana.
While I understand the pain and discomfort suffered by those with terminal illnesses, there are medical alternatives and advances being found each day to address this problem. Rather than considering proposals to legalize marijuana for any use, we should unite behind a comprehensive plan to stop drugs from entering our nation and punish the drug lords who sell drugs on our streets.
No greater social problem threatens the United States more than the reliance on and abuse of harmful and addictive drugs, including marijuana. The repercussions of drug abuse now extend to almost every element of our lives. A worldwide network of drug trafficking has developed, and organized crime and terrorist groups are thriving on this multi-million dollar illegal drug industry. Moreover, domestic crime rates have soared as a result of drug addiction.
Again, thank you for taking the time to contact me regarding this matter of mutual concern. It is my hope that you will continue to keep me apprised of your interest in legislative issues important to you.
With best wishes and personal regards, I am
Bill Young
Member of Congress
[ Post Comment ]
Comment #17 posted by Hope on May 12, 2010 at 18:47:41 PT
Just to be clear, Kaptinemo...
You're referring to these lawsuits in California?
[ Post Comment ]
Comment #16 posted by FoM on May 12, 2010 at 16:40:02 PT
kaptinemo
I agree with you.
[ Post Comment ]
Comment #15 posted by FoM on May 12, 2010 at 16:39:11 PT
Off Topic: About The Oil Disaster In The Gulf
Gulf of Mexico Oil Leak Up Close: Video from 5,000 Feet BelowURL: http://www.nola.com/news/gulf-oil-spill/index.ssf/2010/05/gulf_of_mexico_oil_leak_up_clo.html
[ Post Comment ]
Comment #14 posted by kaptinemo on May 12, 2010 at 16:05:57 PT:
A golden opportunity has fallen into the laps
of reformers. I just hope the folks out there realize it.This is a chance to drag cannabis prohibition, itself, into the spotlight. After all, part of the basis for it being Schedule 1 in the Controlled Substances Act is 'no medicinal usage', right? Here's a perfect chance to argue otherwise, and strike a major blow against cannabis prohibition. Why? Because any prohib that speaks in favor of continued prohibition can be placed under oath and made to explain their 'rationale' for cannabis prohibition...which is comprised solely of lies. In other words, they can't open their mouths without risking perjury. Checkmated from the first move.Let us hope the reformers out there realize what a once-in-a-lifetime chance they've been gifted with.
[ Post Comment ]
Comment #13 posted by Nic on May 12, 2010 at 13:13:51 PT
As a Floridian I Vote for A Free Cannabis Society
Testing
[ Post Comment ]
Comment #12 posted by Had Enough on May 12, 2010 at 09:22:57 PT
Photos from People United for Medical Marijuana
http://www.facebook.com/photo.php?pid=50257065&op=1&o=all&view=all&subj=127343055695&aid=-1&oid=127343055695&id=5114527***http://www.facebook.com/photo.php?pid=50257066&op=1&o=all&view=all&subj=127343055695&aid=-1&oid=127343055695&id=5114527***http://www.facebook.com/photo.php?pid=30604291&op=4&o=all&view=all&subj=127343055695&aid=-1&oid=127343055695&id=1296615249***http://www.facebook.com/photo.php?pid=30604285&op=5&o=all&view=all&subj=127343055695&aid=-1&oid=127343055695&id=1296615249more pictures...http://www.facebook.com/photo_search.php?oid=127343055695&view=all
[ Post Comment ]
Comment #11 posted by Had Enough on May 12, 2010 at 08:57:32 PT
PUFMM at WMNF Community Radio Heat Wave
PUFMM at WMNF Community Radio's 29th Annual TROPICAL HEATWAVE-May 15th Ybor CityLocation:Ybor City Palm Ave. and 14th StreetYbor City , FL 33605How to find us:"Look for the PUFMM table, Shirts & Clip Boards!!" PUFMM at WMNF Community Radio's 29th Annual TROPICAL HEATWAVE-May 15th Ybor CityWMNF Community Radio's 29th Annual TROPICAL HEATWAVE –
May 15th Ybor City/ Tampa Tropical Heatwave returns for the 29th spring with more stages and bands than ever before. With eight stages and more than forty bands, Heatwave is more than ever the musical event of the year for the eclectic music connoisseur in the Tampa Bay area. We will have a Tent & Table inside!! This Is An Afternoon Event and Is Scheduled To Last Till Around 1:00 A.M. Sunday Morning!!! Tickets for Heatwave 2010 are available online now
www.wmnf.org/heatwave Tickets purchased early will be mailed; after the cutoff date (to be
determined) they'll be available at will-call. Prices Adult: $32 advance, $40 at the door Youth ticket $12 (ages 12- 20) (youth tickets not available online; by phone or in-person only) Late Night (after 11pm, door only): $16 New World Brewery (local band showcase): $10 Orpheum: $10 Crowbar: $10 Buy tickets online www.wmnf.org/heatwave By phone: [masked] (M-F 9am-5pm) The Heatwave wristband gets you into every venue, but if just want to hang in NWB or the Orpheum or Crowbar you can get in for $10 per venue. Sammy has hooked us up to have a booth inside the event, Sammy & Fred will be volunteering inside!! If anyone else would like to petition, they will either need to buy tickets for the event, or we could work the sidewalk outside the eventhttp://www.meetup.com/PUFMM-Tampa/calendar/13147952/***People United for Medical Marijuana - Floridahttp://www.facebook.com/group.php?gid=127343055695***CLICK HERE TO DOWNLOAD AND SIGN THE MEDICAL MARIJUANA INITIATIVE!!!http://www.pufmm.com/petition.php
[ Post Comment ]
Comment #10 posted by FoM on May 12, 2010 at 08:30:22 PT
Ekim
That's an interesting topic about pet foods. I only feed holistic food anymore.
Picture of Sassy Our 8 or 9 Year Old Husky Dog
[ Post Comment ]
Comment #9 posted by ekim on May 12, 2010 at 08:04:34 PT
thanks FoM
now on Dianes show will be talking about what is in pet foodsFoM you are the one who helps all of us going
[ Post Comment ]
Comment #8 posted by runruff on May 12, 2010 at 08:03:35 PT
They still wear powdered wigs in court!
Leave it to the Brits to lead on progressive social issues!In Boston I told the Bus driver the guy next to me had expired. He stopped the bus and checked, it tuned out the man was not dead but only British!
[ Post Comment ]
Comment #7 posted by FoM on May 12, 2010 at 07:41:32 PT
Ekim
I just wanted to say that you are such a blessing to us. Thank you for all you do.
[ Post Comment ]
Comment #6 posted by ekim on May 12, 2010 at 07:13:37 PT
Diane Rehm show NPR now
talking about new drug policyGil and Jonny pee on now talking about drug drivingdrshowwamu.org
[ Post Comment ]
Comment #5 posted by John Tyler on May 12, 2010 at 06:06:00 PT
California Dreaming
It looks like the California prohibitionists are getting into an expensive legal argument they are going to lose in the long run. The medical cannabis people have supporters, money, and legitimacy and are not backing down. (hum a few bars of “California Dreaming” here)If England proclaims cannabis liberation it will be difficult for the rest of the commonwealth countries, (like Canada, Australia, New Zealand, and Jamaica for instance) to maintain the prohibitionist argument. Hopefully, other countries will follow suite. (hum a few bars of “I Get By With a little Help from My Friends” here)
[ Post Comment ]
Comment #4 posted by Nic on May 12, 2010 at 05:30:21 PT
Great Film
http://video.google.com/videoplay?docid=-9077214414651731007#Grab It and Burn some DVD's, will make a great Christmas gift.
[ Post Comment ]
Comment #3 posted by Nic on May 12, 2010 at 04:52:11 PT
follow up to comment 2
http://www.tokeofthetown.com/2010/04/uk_liberal_democrats_plan_to_legalize_cannabis.phphttp://www.tokeofthetown.com/2010/05/kentucky_pothead_runs_for_sheriff_calls_on_others.phpI like this sheriff.
[ Post Comment ]
Comment #2 posted by Nic on May 12, 2010 at 04:05:22 PT
Regarding an earlier article
http://cannabisnews.com/news/12/thread12189.shtmlhttp://news.bbc.co.uk/2/hi/uk_news/politics/election_2010/8676607.stmhttp://topics.nytimes.com/top/reference/timestopics/people/c/nick_clegg/index.html?inline=nyt-perI wonder how this will work out in The UK?
[ Post Comment ]
Comment #1 posted by FoM on May 11, 2010 at 20:20:20 PT
Holder Brings Anti-Gang Effort To Oakland
By Henry K. Lee, Chronicle Staff WriterTuesday, May 11, 2010Oakland, CA -- Putting a dent in gang and youth violence - and not medical marijuana activity - is a priority of the Obama administration, U.S Attorney General Eric Holder said Tuesday after touring an East Oakland youth center.URL: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/05/11/BADR1DCSM8.DTL
[ Post Comment ]
Post Comment