AsDana Point medical marijuana criminal defense attorneys, we were disappointed to see that the city of Orange is considering making its medical marijuana moratorium permanent. The nonprofit news site Voice of OC reported July 27 that the Orange City Council was set to consider making the ban permanent that evening. There was no follow-up report on whether the city made a decision. Orange has had a moratorium on medical marijuana dispensaries since XXX, but that temporary ban was set to come to an end, the city attorney said. An Orange Planning Commission document dated June 10 (PDF) shows that the moratorium was scheduled to expire September 22, after having been extended twice since its inception in November of 2008.
The city council's action comes at a time when medical marijuana dispensary bans are being challenged in California's appellate courts. Patients sued the city of Anaheim over its ban on dispensaries, saying it was unfair to patients and counter to the Compassionate Use Act that authorizes medical marijuana, but a judge dismissed the case. The patients appealed the decision to the Fourth District Court of Appeal in Santa Ana, and that court is set to make a ruling on the case Aug. 18. Ten cities are backing Anaheim in the case, including the city of Orange. The ruling will help establish whether cities have the right to ban dispensaries, although observers on both sides expect it to be appealed to the state Supreme Court. The ruling could overturn any ban that Orange may adopt.
Our Chino Hills medical marijuana criminal defense lawyers believe the patients are right that cities may not ban medical marijuana dispensaries. For one thing, dispensary bans put a real burden on sick patients, who may have to travel a long way to get their medicine. With the amount of bans in Orange County, this can add up to significant travel for a sick person. Furthermore, the bans treat medical marijuana dispensaries like threats to their neighbors, despite the lack of evidence for this. In fact, the Orange Planning Commission report cites no increase in crime aside from briefly noting that dispensaries are targets for crime. This is also true of liquor and jewelry stores, which have not been banned. It also speculates that the marijuana is smuggled from Mexico and sold to illegitimate "patients," which can be handled on a case-by-case basis and without infringing on the rights of truly sick people.
At Howard Law, P.C., we believe people who follow California state law as fully as possible should not face harassment or prosecution from California authorities. Nonetheless, political and law enforcement hostility to the idea of medical marijuana means that some people have faced state-law criminal charges for their legal use of the drug or running a legal collective or cooperative. Our Oceanside medical marijuana criminal defense attorneys help such people avoid unfair prosecution and life-altering time in jail or prison for committing no crime. In some cases, this can be as simple as showing a judge that you have a valid medical marijuana card, although we can and will take cases to trial when necessary. We also defend people who have inadvertently broken the law around medical marijuana, such as people facing charges for driving under the influence of medical marijuana.
If you are criminally charged in California for your legal use of medical marijuana, you should call Howard Law, P.C. right away. To learn more about our experience and your legal rights, contact us online or call 1-800-872-5925.
