A three-year-long case against Anaheim by Qualified Patients Association could come to an end by Monday, setting a precedent by which judges may follow in future cases in the state.
Qualified Patients, an Anaheim-based medical marijuana dispensary sued the city in 2007, when the city was attempting to implement an ordinance banning all medical marijuana dispensaries.
After Qualified Patients filed its lawsuit, the city was granted a demur, terminating the lawsuit. Qualified Patients appealed the decision in the Court of Appeals in Santa Ana.
The case was argued in the Court of Appeals in September and a ruling would have come 90 days later, but the court required further time to look over the case. A ruling is expected by Monday, which will be 90 days after the continuance.
"If the appellate court strikes down the Anaheim ordinance it will create a whole new playing field. It will change the medical marijuana landscape," said Anthony Curiale, the lawyer representing Qualified Patients in Anaheim.
Should Anaheim prevail, Curiale believes it will void the state's compassionate use act, which was approved by voters in 1996 to de-criminalize the use of marijuana for medicinal purposes.
"That essentially means cities regardless of what state law says, will be able to completely ban medical marijuana in their cities," he said.
State law permits the operation of medical marijuana collectives and cooperatives, which are required to follow a set of guidelines by the Attorney General's Office.
The use of medical marijuana is still prohibited under federal law, and some cities chose to side with the feds by banning dispensaries.
The outcome of the case could determine if the state's law could pre-empt all cities' bans on medical marijuana dispensaries, said Moses Johnson, Anaheim city attorney.
"It could be far reaching, but we're not going to know until we see it. It's a very complicated issue," Johnson said. The Court of Appeal had it for a long time and everybody's just anxiously awaiting for a ruling."
Several members shared their personal stories and expressed their concerns over the possibly of their clubs being shut down.
Complete Upland Story at Contra Costa Times >>
California Democrats neutral on Proposition 19
The Associated Press
SAN FRANCISCO—Executive Board members of the California Democratic Party on Sunday took a neutral stance on a ballot measure that would legalize and tax marijuana in the state.
Proposition 19, if approved by California voters in November, would allow adults to cultivate marijuana and enable local governments to regulate and tax sales of the plant to raise revenue.
Complete Story at SJ Merc >>
Joey's Journey: Medical Marijuana Saves 10 Year Old Child's Life
Knocking on deaths door, 10 year old Joey Perez was slowly dying. The potpourri of prescription medications he’d consumed since the age of 5 were damaging his body beyond repair. The side effects were literally killing him. Doctors had no answers, or any safe alternatives. Their only suggestion was the combination of a few more meds, and to experiment with what happened next. Mieko, Joeys mother, knew his body was weak and shutting down. She knew his fragile body could not handle the addition of any more toxic medicines. Luckily for Joey, her experience as a legal researcher gave her the tools she needed to start her and Joey on this journey. A healing journey with an effective treatment - Medical Marijuana.
Joey was diagnosed with Autism at 18 months old. His mother, Mieko has been fighting that battle ever since. Her life is not consumed with why Joey has Autism, she now focuses on what she can do to effectively treat her sons condition.
Mieko was taking the advice of her doctors, and experimenting with a slew of different prescriptions for her severely autistic son. At one time, Joey was taking 6 different medications - up to 3 times a day. As a result of the side effects, Joey became malnourished and was diagnosed with Anorexia. Every day, his condition got worse. He was deteriorating in front of his mothers eyes. Joey clearly showed all the signs that he was starving. Besides being under weight and malnourished, Joeys eyes were sunk in and you could easily see all the bones in his chest. He was refusing to eat. Even the costume of a buff super hero could not disguise the starved body underneath. All of Joeys family and friends were helplessly watching him die.
Then Mieko received the most dreaded news a parent could ever hear. Joeys medical prognosis at that time was high probability of death within 6 months. She and her husband Eric were devastated. With the thought of him dying, she clung on to him tightly, and prayed for a breakthrough. Joey needed a miracle to occur.
Mieko believes through a divine intervention she found the research of Dr. Bernard Rimland, founder of the Autism Research Institute.
Complete Story >>
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