California Medical Marijuana Heads To State Supreme Court

[painretreat]

California Medical Marijuana Heads To State Supreme Court: City of Riverside v. Inland Empire Patients Health and Wellness Center

By Aaron Sankin Posted: 01/16/2013 8:31 pm EST | Updated: 01/16/2013 9:52 pm EST
A case headed for the California Supreme Court early next month is expected to have a big impact on the future of medical marijuana in the Golden State.
The City of Riverside v. Inland Empire Patients Health and Wellness Center, which will be heard at the University of San Francisco's School of Law, is looking at cities' ability to implement bans on medical marijuana clinics operating within their limits.
“You can imagine how glad I am to see this finally coming to an end--to decide whether cities can ban collectives or not," Lanny Swerdlow, founder of the Inland Empire center, told the Riverside Press-Enterprise. "I just hope that if we win, the City of Riverside will sit down and do what we asked them to do 2 1/2 years ago, and enact an ordinance to license and regulate medical marijuana collectives."
The clinic, which has operated in Riverside since 2009, argues that California's voter-backed Compassionate Use Act (aka Proposition 215) permits medical marijuana dispensaries, and that governments are overstepping constitutional limits by banning them outright.
However, proponents of the bans insist the federal law declaring marijuana an illegal narcotic supersedes anything decided by an individual state, therefore cities are well within their rights to prohibit businesses that some feel act as magnets for crime and vandalism.
Following the implementation of its ban, the city of Riverside sued the dispensary in an effort to get the club shut down.
The only ways a card-carrying medical marijuana patient is legally allowed to obtain his or her medicine is by growing it themselves, having a licensed caretaker grow it for them or by going to a pot club such as the Inland Empire center.
In late 2011, appellate court judge Carol Codrington upheld Riverside's ban on medical marijuana clinics writing, "The [Compassionate Use Act] and the [California legislature's Medical Marijuana Program] do not provide individuals with inalienable rights to establish, operate or use [medical marijuana dispensaries]. The state statutes do not preclude local governments from regulating [medical marijuana dispensaries] through zoning ordinances."
The clinic immediately appealed and the Supreme Court announced it would take the case in January of last year.
If the state's highest judicial body overturns the lower court's decision, the blanket bans that nearly 200 other California localities have imposed on pot clubs will likely disappear. Municipalities around the state will be left to other devices--such zoning laws that keep clinics a certain distance away from schools or public parks--if they want to keep dispensaries out.
Last summer, a court of appeals struck down Los Angeles County's ban on all dispensaries in the unincorporated areas of the county.
Oral arguments in the Riverside case begin on February 5 and a decision could be reached as early as this spring.
In a similar Supreme Court case also scheduled for the coming weeks, City of Upland v. G3 Holistic Inc., another Southern California medical marijuana collective will be paying rapt attention to what happens in San Francisco.
"We're watching the Riverside case very closely yes," T. Peter Pierce, an attorney representing Upland in its own impending Supreme Court case, told the Inland Valley Daily Bulletin. "Once the Supreme Court decides, they would apply that decision in the G3 case as well as to all medical marijuana decisions."
The G3 case made national news earlier this month when Aaron Sandusky, the club's 42-year old owner was sentenced to ten years in federal prison for operating the clinic.


The above article is from the Huffington Post

painretreat Reviewed by painretreat on 01-17-2013. California Medical Marijuana Heads To State Supreme Court California Medical Marijuana Heads To State Supreme Court: City of Riverside v. Inland Empire Patients Health and Wellness Center Rating: 5

[boaz]

I believe the California Supreme Court has already settled this matter when it struck down SB 420, the Cali legislatures attempt to trump prop 215. Hopefully they will rule the same again.

If they strike down out all the local laws like Long Beach's 'lottery' and such, I wonder if that would impact any of the federal cases being prosecuted now. If not in law, maybe at least in jury's perception of the law.

[boaz]

Saturday, May 4, 2013
Marijuana Laws Might Change On Monday

California Might Change Some Marijuana Laws On Monday

Attachment 291205

Since the State of California decided to vote in favor of Proposition 215 back in 1996 and accepted the use of medical marijuana, there have been many problems trying to establish certain rules and rights for those who are using the herb and those who are either growing it and providing it to dispensaries or other people. There are still many changes to be made to the current marijuana laws in California and the world, as there are still many gaps in the system and this is not allowing us to regulate cannabis as it should.

Thankfully, the California Supreme Court exists and they are going to try and get this mess solved this Monday. It will be on May 6, at around 10 A.M when the Supreme Court in this State, will decide whether the local government have the authority to ban medical marijuana dispensaries by using zoning ordinances.

This problem was caused by some lower courts, like the Fourth District Court of Appeal and the Division Two in Riverside, who voted on accepting those types of bans in their districts, but there are also others like Orange County, that have ruled against it and this is why the matter needs to be taken to the Supreme Court.


What Changes Can Happen To These Marijuana Laws?


Attachment 291204

While most people might think that this is a very simple matter and that the Supreme Court can only rule on accepting marijuana or not, there are actually many things that California's Supreme Court can rule on and this is why we will certainly be paying attention to what happens on Monday and how the current marijuana laws will be changed.

If the court decides not to approve the new laws, there is an estimate of round 200 local governments not being able to establish the bans that they so desire, as they will be unconstitutional to the State of California. and they will be able to regulate medical marijuana dispensaries just as any other business, but they would not be able to establish them.

If the court decides to approve some of the new laws, some of the bans will still remain effective and those who live in certain areas of the State and consume or grow this herb, would have to either move or find some non-profit collectives to get their pot from.

There is also the option for the court to decide passing this problem to Legislature and letting them decide if cities and counties should be able to ban medical marijuana dispensaries and growers in their zones or areas. On Monday, California's Supreme Court will also be deciding on who has the right to challenge these types of ordinances and this should also help the legalization of cannabis, if the laws are changed in our favor.

Monday Will Be An Important Day For Marijuana Laws In California And The World

The decision that will take place this Monday will certain be an important one, as it could affect medicinal cannabis users, it could affect medical marijuana dispensaries, it could affect medical marijuana growers and collectives as well.

Hopefully the Supreme Court makes the right decision in favor of marijuana this Monday and we can continue with path towards legalization around the world. Don't forget to share and like this article and to subscribe to our newsletter by leaving us your email in the box to right. Remember to keep visiting Zip 420 for your latest marijuana laws news and other interesting facts about cannabis.

Zip 420: Marijuana Laws Might Change On Monday

[boaz]

http://boards.cannabis.com/legal/191...e-v-kelly.html

^ here is the cali supremes ruling a few years back on a similar question. I posted it back then because I thought it was interesting to read especially section IV D 2, where it talks about the roots of 'direct democracy' from the Swiss. but, if you want to save yourself the time here is my synopsis below. :jointsmile:

i would think Monday's ruling will be something similar.


The Voters of California rule their State. When they voted in 1996 that medical users could grow as much cannabis as they needed, they meant it. The Cali congress has no constitutional right to "fine tune" it, as they did with SB 420. SB 420 is unconstitutional but it is allowed to stand as a guideline but is trumped by medical need and other privacy rights.

The power that the will of the voters of California have over their gov'ts is unique among the states.

[boaz]

"i would think Monday's ruling will be something similar."

except that this is about the coops and shops and such and not just about growing as the Kelly decision was. I don't think Prop 215 addressed coops at all so they may rule that the counties can do what ever they want to regulate the coops, but I'm no attorney or anything.