Medical marijuana users in Anaheim may have to find other means to get their "OG Kush" meds besides pot dispensaries. An Orange County Superior Court judge ruled that Anaheim has the right to ban pot dispensaries within city limits, despite state law legalizing medical marijuana, reports the Los Angeles Times.
Anaheim's ban has been the subject of dispute in one of California's most-watched medical marijuana cases, according to the Times. It has gone back and forth between the appellate and trial courts for four years before Judge David Chaffee ruled that local ordinances regulating distribution were not preempted by state law.
But it looks like the case will be ping-ponged back to the state appellate court: Anthony Curiale, attorney for the pot dispensary that sued Anaheim in 2007, told the Times he will appeal. "Their ordinance is unconstitutional, it's invalid, it conflicts with state law," he said.
California’s voters were the first to pass an initiative legalizing medical marijuana in 1996. However, legalization in the state directly conflicts with federal law, which makes it illegal to use, sell or possess marijuana, even for medical use.
Generally, if federal and state laws conflict, the federal law trumps the state, and users may still be arrested for possession in those states. However, the executive branch has stated it will not prioritize the enforcement of federal marijuana laws in states that authorize medical marijuana, but will “vigorously enforce” federal drug laws, leaving users in a serious state of limbo.
The recent uncertainty over federal, state and municipal laws will only create more confusion as the case goes to the state appellate court.
Although their numbers don’t match, both sides of the debate account for at least 15 counties and close to two hundred cities with pot dispensary bans.
Anaheim currently has approximately 50 pot dispensaries operating within its limits, and the city has moved to shut down at least half a dozen since the ban was implemented.
Related Resources:
- Find a Los Angeles Criminal Defense Attorney (FindLaw)
- Judge: Anaheim Medical Marijuana Ban OK By State Law (KTLA News)
- California Marijuana Laws (FindLaw)
- Understanding California’s Ballot Initiative to Legalize Pot (The Los Angeles Criminal Law Blog)
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