Update: Still No Decision on Major Medical Marijuana Case

Earlier this year, we reported on the case of Qualified Patients Association v. City of Anaheim, which is pending with the California Court of Appeal.  The case concerns whether the City of Anaheim’s ordinance banning medical marijuana dispensaries is valid, or if it is preempted by California’s Compassionate Use Act and Medical Marijuana Program (also known as Prop. 215, which passed in 1996).

The case is significant because the number of medical marijuana dispensaries around the state has grown significantly, with many cities such as Los Angeles experiencing major growing pains.  If Anaheim’s ordinance is not preempted, then it will likely lead to a number of additional cities banning dispensaries entirely.

Earlier this month, the California Court of Appeal, Fourth District, Division Three, vacated

the submission of the parties and re-submitted the matter for an additional 30 days, meaning a decision may not arrive until as late as August 18, 2010.  It has already been nearly a year since oral argument was heard last September 2009.

We will report on this significant decision when the court delivers its ruling.

Additional information on the case can be found here.

John Corcoran is an Associate with Plastiras & Terrizzi law firm in San Rafael, California (Marin County).  He advises clients on real estate matters, small business issues, estate planning, and general civil litigation.  He may be reached at jcorcoran@ptlegal.com or (415) 472-8100 x211.

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