19th January, Thursday (1:56pm) Reblog ↬The California Supreme Court issued an order today indicating its intent to review two controversial medical marijuana cases that have resulted in the suspension of several local dispensary ordinances across the state.
As a result of today’s order,Pack v. City of Long Beach and City of Riverside v. Inland Empire Patient’s Health and Wellness Ctr., Inc. have both been vacated in anticipation of the High Court’s ruling. ThePack decision held that some dispensary regulations may be preempted by federal law and the Riverside decision held that localities could legally ban distribution altogether.
“These cases were very problematic for patients and their ability to safely and legally access a medication that works for them,” said Joe Elford, Chief Counsel of Americans for Safe Access (ASA), the country’s leading medical marijuana advocacy group. “We’re very pleased that local governments will now be without the means to deny access to medical marijuana for patients in their communities, at least until or unless the Supreme Court has ruled otherwise.”
Arguing that Pack was erroneously decided, ASA along with the American Civil Liberties Union, the Drug Policy Alliance, and the County of Santa Cruz filed a brief on December 12th requesting that the California Supreme Court review the case.
Although the Pack decision, issued in October of last year, contradicted other appellate court rulings, several cities and counties across California have used it as a reason to suspend regulatory ordinances or completely ban local distribution. In its latest crackdown on medical marijuana in California, the U.S. Justice Department has even cited the Pack decision as a reason why localities should not adopt distribution licensing ordinances.
