This case is a great example of the complex interplay of laws and their mediators in medical marijuana enforcement.
In this case a local government is using zoning laws to get rid of a medical marijuana dispensary. If this interferes with a patient’s ability to obtain medicine they are legally entitled to use under the State laws, isn’t that infringing on their rights?
Original article on Toke of the Town .
The judge ruled that the Compassionate Use Act, which legalized medical marijuana and was approved by voters in 1996, and the Medical Marijuana Program established by state legislators in 2003 under SB 420, do not preempt Dana Point’s use of zoning laws to ban medical marijuana dispensaries.
Schwartz argued that the case law Judge Schumann relied upon did not address Traudt’s assertion that she needs the medical marijuana to cope with her pain. Schwartz said that Traudt nearly died after being administered an opiate painkiller prescribed when she could not obtain medical cannabis.
A three-judge panel of the Fourth District Court of Appeal issued a stay June 28 on Dana Point’s request in state court for an injunction that would shut down Beach Cities Collective, the dispensary used by Traudt.