“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.… Read more ...