[bigbrokush]

In Southern California's Orange County, four medical patients have sued to overturn bans on dispensaries in their communities. This is a great example of people standing up for their rights against an uncaring, indifferent government.

Four Orange County medical marijuana users who argue that bans on pot clinics in Costa Mesa and Lake Forest violate the Americans with Disabilities Act have appealed their case to the U.S. 9th Circuit Court of Appeals.

Matthew Pappas, a Mission Viejo attorney representing the users, said he believes the case has a chance of succeeding because of his interpretation of the equal protection clause in the 5th Amendment based on a 2009 congressional decision to lift a ban on medical marijuana in Washington, D.C.

Pappas also argues that the disabled have the right to use marijuana under the disabilities act with a doctor’s supervision.

In April, U.S. District Judge Andrew Guilford rejected Pappas’ argument that the cities’ policies against dispensaries conflict with the plaintiffs’ rights to access public services, saying that the federal Americans with Disabilities Act law does not allow patients to use marijuana, even patients in California with authorization from their doctors.

But a change of a policy by Congress has opened the door for new arguments, Pappas said.

Congress last year made it legal for dispensaries to operate for medical patients in Washington, D.C. As a result, the district recently passed a law allowing dispensaries to operate within its jurisdiction.

In 1996, California voters passed the Compassionate Use Act, making the use and cultivation of marijuana legal for those battling chronic diseases, cancer and other serious illnesses. Since then, permitting or banning marijuana dispensaries throughout California has rested with individual city governments.

Some cities, such as Los Angeles and San Francisco, have allowed the dispensaries while others, such as Costa Mesa and Lake Forest, have forbidden them.

Nevertheless, clinics in Costa Mesa and Lake Forest continue to operate.

Since February, Costa Mesa has been enforcing its 2005 law by going after marijuana dispensaries operating in the city. In Some cases, police made arrests for sales and possessions. In others, 48-hour cease-and-desist orders were issued.

Full story is here.

[DIGITALHIPPY]

time to join in the fight....

[trichrider]

uhhh...

"Congress last year made it legal for dispensaries to operate for medical patients in Washington, D.C. As a result, the district recently passed a law allowing dispensaries to operate within its jurisdiction. "

...if medical marijuana is available in dispensaries in a federal enclave of Washington D.C., why is it not everywhere else? This 'catch-22' should be exposed as a double standard of law entitling patients residing there to compassionate care, whilst the rest of the nation suffers. BAD GOVERNMENT, BAD! BAD! BAD!