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thedangerz0ne:

A Superior Court judge has ruled that Anaheim’s law banning medical-marijuana dispensaries doesn’t conflict with state law – the clearest ruling yet in a widely watched court case that has dragged on for years. The case is now likely headed back to a state appeals court, which could provide the definitive ruling that cities across California have been waiting for.
Orange County Superior Court Judge David Chaffee ruled in a minute order released last week that the city’s ordinance, enacted in August 2007, does not conflict with either the state’s “compassionate-use” initiative passed by voters in 1996 (Prop. 215), or the 2003 state law allowing for medical-cannabis to be used by qualified patients (Senate Bill 420).

Anaheim’s law, the judge ruled, restricts distribution of medical-marijuana, which is not a contradiction to either the proposition or state law. In fact, the state Legislature allows local laws to “fill in the gaps that exist in state medical-marijuana law,” the judge writes.
Anaheim has about 50 dispensaries operating within its borders – they’ve mostly been left alone while the court-case winds through the system. Anaheim’s City Council is expected to discuss the case in closed-session Tuesday night.

Luckily for the remaining 57 counties, this judge’s ruling is not binding… e.g., no stare decisis… party on dude…. Sorry OC friends.

thedangerz0ne:

A Superior Court judge has ruled that Anaheim’s law banning medical-marijuana dispensaries doesn’t conflict with state law – the clearest ruling yet in a widely watched court case that has dragged on for years. The case is now likely headed back to a state appeals court, which could provide the definitive ruling that cities across California have been waiting for.
Orange County Superior Court Judge David Chaffee ruled in a minute order released last week that the city’s ordinance, enacted in August 2007, does not conflict with either the state’s “compassionate-use” initiative passed by voters in 1996 (Prop. 215), or the 2003 state law allowing for medical-cannabis to be used by qualified patients (Senate Bill 420).

Anaheim’s law, the judge ruled, restricts distribution of medical-marijuana, which is not a contradiction to either the proposition or state law. In fact, the state Legislature allows local laws to “fill in the gaps that exist in state medical-marijuana law,” the judge writes.
Anaheim has about 50 dispensaries operating within its borders – they’ve mostly been left alone while the court-case winds through the system. Anaheim’s City Council is expected to discuss the case in closed-session Tuesday night.

Luckily for the remaining 57 counties, this judge’s ruling is not binding… e.g., no stare decisis… party on dude…. Sorry OC friends.