Appellate court delays decision on bans
A California appellate court has delayed publishing a decision on whether or not cities can ban medical cannabis collectives until August 18. In statement published yesterday, the Fourth District Court of Appeals said only that, “The issues raised require additional time to study the circulating opinion.” This terse statement gives little indication of how the court will rule in Qualified Patients Association v. City of Anaheim.
Lawmakers and judges all over the state are looking to this case as a cue on how to proceed with regulations and litigation. If the appellate court upholds the District Courts decision to allow an outright ban, jurisdictions statewide may feel emboldened to ban collectives and cooperatives. The Los Angeles County Board of Supervisors already asked staff to keep an eye on this case in conmection with a motion by Supervisor Michael Antonovich to ban collectives in unincorporated areas of the county. A decision in the city’s favor may also make it more difficult for medical cannabis advocates to argue that highly restrictive ordinances, like the ones recently adopted in Long Beach and Los Angeles, are illegal de facto bans. This could be a factor in numerous lawsuits filed against the City of Los Angeles.
Qualified Patients Association filed a lawsuit challenging the city’s ban on medical cannabis collectives in 2007. Americans for Safe Access (ASA) filed an amicus brief in the case, and ASA Chief Counsel Joe Elford argued on behalf of the collective before the appellate court last September. “The City of Anaheim cannot hide behind federal law,” said Joe Elford. “Local governments cannot simply ban an activity that has been deemed lawful by the state.”
Tags: Anaheim, ban, Joe Elford, medical cannabis, Qualified Patients Association v. City of Anaheim, regulations
