Anaheim Court Decision Leaves Question Open, Rejects Federal Preemption Argument

[kindgreenbuds]

Appeals Court Declines to Rule on Whether Anaheim Can Ban Dispensaries But Rejects Federal Preemption Argument - Remands Case to Lower Court

In its long-awaited ruling in Qualified Patients Association vs. the City of Anaheim , the California Court of Appeals ducked ruling on whether the City of Anaheim is precluded by state law from outlawing dispensaries.

Instead, it ruled that Anaheim could not use federal pre-emption as a grounds to ban medical marijuana dispensaries and remanded the case for further hearings by the lower court. The Appeals court struck down the lower court's ruling dismissing QPA's suit against Anaheim on the grounds that dispensaries are illegal under federal law.
http://www.courtinfo.ca.gov/opinions/doc...040077.PDF

On a second issue, the court sided with the city of Anaheim in ruling that the QPA could not sue on the grounds that the city's ordinance violated the state Unruh Act in discriminating against them on the basis of a disability or medical condition. The court ruled that the Unruh Act did not apply

The court remanded the suit of Qualified Patients Association to the lower court, reinstating the plaintiffs' cause of action seeking declaratory judgment on whether Prop. 215 and SB 420 pre-empt the city's ordinance.

The bottom line is that it remains an open question as to whether local dispensary bans are illegal, but federal preemption is not a valid argument for declaring so.
- Dale Gieringer, Cal NORML