4 O.C. Medical Pot Users Take Case to Appeals Court

Four Orange County medical marijuana users who argue that bans on pot 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 dispensaries to operate within its jurisdiction.

Read full story here.

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Comments
One Response to “4 O.C. Medical Pot Users Take Case to Appeals Court”
  1. Cindy says:

    I jumped on Wikipedia and read the article, but it was a lot like walking through pudding: slow going and afterward I felt kinda dirty.

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