Four Orange County medical marijuana users who argue that bans on marijuana 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 medical marijuana 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 medical 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.
If you have been charged with possession or cultivation of marijuana when you had a legitimate use for medical purposes, you need to speak with an experienced Los Angeles medical marijuana lawyer immediately. If you are convicted, you will face the same penalties you would face for growing, cultivating, or possessing marijuana illegally. This includes imprisonment, large fines, mandatory drug counseling, community service and probation.
At Goldstein Law Group, we provide you with the experienced and dedicated defense you need to fight your medical marijuana charges. We have more than 46 years of experience and have developed a solid understanding of the medical marijuana laws in Los Angeles. Attorneys Michael A. Goldstein and James A. Goldstein are familiar with effective negotiation tactics for fighting medical marijuana charges. We remain committed to providing you with the exceptional legal representation to help you avoid a marijuana crime conviction!
If you have been charged with a medical marijuana offense in Los Angeles, San Fernando Valley and Ventura County, your freedom is in jeopardy! To learn how we can help you fight your charges, contact a Los Angeles medical marijuana attorney at Goldstein Law Group today!