Pubdate: Tue, 4 May 2010
Source: Orange County Register, The (CA)
Copyright: 2010 The Orange County Register
Authors: Erika I. Ritchie and Ellyn Pak
Bookmark: http://www.mapinc.org/find?253 (Cannabis – Medicinal – U.S.)
JUDGE REJECTS EFFORT TO KEEP POT SITES OPEN
SANTA ANA – A federal judge has rejected a request by four Orange County medical marijuana patients for a temporary injunction preventing Lake Forest and Costa Mesa from shutting down marijuana dispensaries in their cities.
The four patients – Marla James, Wayne Washington, James Armatrout and Charles Daniel – argued through their attorney Matthew Pappas that the Americans with Disabilities Act gave disabled people a federally protected right to use medical marijuana if such use is legal under state law and done with appropriate supervision.
The four were asking the court to temporarily prevent the cities from taking any further action against medical marijuana collectives; bar the cities from violating the rights of qualified people under the ADA; award damages for past actions in violation of the ADA; and award attorneys’ fees.
Pappas argued his clients would suffer irreparable harm absent a preliminary injunction against the cities.
U.S. District Court Judge Andrew Guilford’s, however, ruled in favor of the cities.
In his judgment filed Friday, he concluded: “At this stage, the court agrees with defendants. Marijuana is a Schedule I controlled substance under the Controlled Substances Act, and under that Act, it currently has no medical purpose.”
Pappas said he is reviewing the ruling and considering options. “We’ll certainly consider appealing the to the 9th Circuit Court of Appeals,” he said.