Like much of the Orange County medical marijuana community, our Anaheim medical marijuana criminal defense attorneys have eagerly awaited a ruling in a case challenging the city of Anaheim's ban on dispensaries. On Aug. 18, the Fourth District Court of Appeal, which hears appeals of cases from Orange County's Superior Court, issued a ruling -- but it's not a definitive yes or no, the Orange County Register reported. Rather, the court sent the bulk of the case back to Superior Court, saying it did not have enough facts to make a decision on several important issues. It also made rulings on other issues, some of which pleased medical marijuana advocates and some of which pleased advocates of the ban.
The ruling in Qualified Patients Association v. City of Anaheim (PDF) was widely anticipated because both sides believed it would set a precedent on dispensary bans. Instead, the 38-page ruling addresses other issues. In the original case, Qualified Patients Association -- medical marijuana advocates -- argued that state law allowing medical use of marijuana should invalidate Anaheim's ban on dispensaries. They also argued that the ban discriminated against disabled people in violation of state civil rights laws. In essence, the court said the civil rights argument was wrong, but the state preemption argument had merit and should not have been dismissed without a hearing. In concluding this, the court did not determine whether state law did or should preempt local ordinances, but it did say federal law alone does not preempt state law. It also ruled that state civil rights law applies only to business establishments, meaning the patients could not use that law to claim they were discriminated against by the city, a non-business.
On the whole, our Murrieta medical marijuana criminal defense lawyers are pleased by this ruling. While it is not the strong precedent against the ban that we had hoped for, it is a carefully considered ruling that will strengthen the case against the ban. By sending the case back to trial court, the appeals court said the federal preemption issue is not as clear-cut as the city of Anaheim had argued. Indeed, the appeals court wrote that it would be odd to conclude that the city may criminalize a use of property that is expressly allowed by state law, especially since the Legislature has explicitly departed from federal policy in other areas. The disability rights ruling is disappointing, but not unreasonable after a close reading of the statute. And the ruling does not necessarily foreclose a disability rights claim under the Americans With Disabilities Act, which does explicitly ban discrimination by public entities.
Howard Law, P.C. strongly supports Californians' right to use and dispense medical marijuana without interference from local bans. Medical marijuana dispensary bans stop patients from getting their medicine, under the unfounded (as the Fourth noticed) assumption that all dispensaries are nothing more than legalized drug dealers. In doing so, cities turn dispensary operators into criminals without holding a trial, while denying themselves tax revenue and implying that operators and patients are criminals. Unfortunately, sometimes an overzealous law enforcement officer even arrests and charges people for exercising their rights under state law. Our Lake Forest medical marijuana criminal defense attorneys vigorously defend people in this situation, in pre-trial negotiations, and whenever necessary, in a court of law. We also represent people who stepped over the line out of carelessness.
If you're charged with a drug crime in California because of your legal use of medical marijuana, don't wait before calling Howard Law, P.C. to learn more about your rights. To set up a free consultation, you can call us toll-free at 1-800-872-5925 or send us a message through our website.
