Breaking – Kubby: Appeals Court upholds State law on Dispensaries and finds it does NOT conflict with Federal law

“We agree with plaintiffs the trial court erred as a matter of law in concluding federal regulation of marijuana in the Controlled Substances Act (21 U.S.C. § 812 et seq. ) preempted California’s decision in the CUA and the MMPA to decriminalize specific medical marijuana activities under state law. We therefore reverse the judgment of dismissal and remand the matter to allow plaintiffs to pursue their declaratory judgment cause of action.”

Appeals Court upholds State law on Dispensaries and finds it does NOT conflict with Federal law
By Steve Kubby, Director, The American Medical Marijuana Association

The California 4th District Court of Appeal of Anaheim’s ordinance that prohibits medical marijuana dispensaries and makes it a crime to operate them, has been reversed and the matter has been sent back to court. The decision has been a long time in coming – opening arguments were heard in September 2009 — represents a major victory

The origins of the case date back to July 2007, when Anaheim unanimously approved its ordinance.

A group of medical-marijuana patients sued the city in Orange County Superior Court, but a judge dismissed that case. So the patients appealed to the state court, saying that the Anaheim ordinance was unfair to ‘qualified patients’ and was counter to the state’s Compassionate Use Act, approved by California voters in 1996.

A decision was expected last July and eagerly awaited by attorneys and both sides. But the court delayed its decision until today.

A support (amicus) brief filed by State Senator Mark Leno (D-San Francisco) in his personal capacity stated that, “the clear intent of the [Medical Marijuana Program Act] in providing an exemption under the nuisance law was to preempt local ordinances and enforcement efforts based on nuisance law of any kind,” and “To permit otherwise would undermine the expressly stated intent of the legislation.” As an Assemblymember at the time, Mr. Leno was one of the principal co-authors of SB 420, the Medical Marijuana Program Act of 2003.

Credit for this important win goes to Joseph Elford, Chief Counsel for Americans for Safe Access, for his amicus brief, that played a key role in the decision.

8 thoughts on “Breaking – Kubby: Appeals Court upholds State law on Dispensaries and finds it does NOT conflict with Federal law

  1. Thomas L. Knapp

    Yes, there are beaches at Tahoe.

    My recollections of San Diego are a bit hazy (haven’t visited there since 1986), but I’m pretty sure it doesn’t have Tahoe-quality ski slopes, either.

  2. Catholic Trotskyist

    Lake is right on this one. Lake beaches don’t count as real beaches. Only ocean beaches are real beaches. For as God created the sea, coming in wave after wave through the eons of time and space, while the lake is narrow and knows not the glorious power. Sand is not enough to make a beach; only the wide waves of God’s oceans are enough.

    May peace and blessings be unto all, even miserable sinners like Mike Kavlan, Wayne Root and Mark Seidenberg, the triumverate of the Nader conspiracy, whom shall hopefully repent at some time.

    Good luck to Steve Kubby in all his efforts.

  3. Good luck and lessons from history ----- on the current corrupt system .... Lake

    [a] The Business of Buds: Why Marijuana Prices May Head Lower
    8:00 AM 08/14/10
    By Jonathan Berr
    Columns, People, Taxes
    Marijuana legalization proponents can see a day when the marijuana market looks like the alcohol industry. There would a range of quality among the products offered. And there would be taxes assessed — perhaps even heavy taxes.

    Full Coverage | Comments

    [b] Bruce, you Israel First American Zionist prick * ———- could it be that the TOWN of SLT is NOT surrounded by bitches, er, ah, beaches. Slow day jerk Cohen?

    [c] Tommie Knappie, screw the skiing*, may be the anti medical mary jane attitude is similar in both communities? Having trouble finding allies? I hear your site attendence is down, way down! You getting tired of the waves of whispers starting the nano second when you enter the room.

    [d] Same with jerk off Kubby*, funny funny man. People are needlessly dying, comedians are out of work, and you are ad libbing like a crazy person. Ah leader ship. Ah just an other cheap crack from Fort Ord and or SLT.

    *(The TOWN of SOUTH LAKE TAHOE, jerk[s], and the surf [wind surfing] is not as important as the dead and dying! Ah leader ship, may be you’ll find some B4 you pass on —— jerk[s]!)

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