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Friday, April 18, 2014

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California’s Highest Court Tosses Out “Pack v. City of Long Beach” Case

As everyone suspected… at least within the California medical marijuana community; the California Supreme Court tossed out the “Pack v. City of Long Beach” case, which had led to a ban on medical marijuana collectives in many communities,  late Wednesday afternoon.

The main point that the California Supreme Court made in the dismissal of “Pack v. The city of Long Beach,” was that the appellate court had made a gross error in judgment. Their assumption that federal law prevented any type of marijuana collective regulations was incorrect; thereby giving the municipalities the belief that – if they cannot regulate the dispensaries, then they must be banned.

This now struck down appellate court ruling has been the cause of much grief in the  marijuana fields of Southern California. The Pack decision has been used by several California city councils to outright ban these medical pot shops. Now with the Pack decision in the waste can of history… where it rightfully belongs. What does that mean for the city of Los Angeles or Long Beach? Will the members of these city councils see the light of day and repeal these bans? One can only hope that common sense will soon rule the day.

Joe Elford – who is the current chief counsel for “Americans for Safe Access” stated that he believed “this is an important moment for medical marijuana patients in California.” Well… Better late, than never. Mr. Elford then went on to summarize exactly what this meant for many of the states run medical marijuana collectives that have been “under siege.”  Mr. Elford went on to state that…

“The California Supreme Court has essentially pulled the rug from under these local city politicians who in the past have cited the “pack” appellate court decision as a means of denying the beneficial access to medicinal marijuana for hundreds of thousands of patients across the Golden State.”

As this political hot potato bounces from the appellate court, to the Supreme Court…then back to the city councils. In mostly Republican held counties. One does not have to look far to see the over 50 cities and counties within California, that currently have regulations and ordinances that keep their collectives operating within the state mmj laws and contributing to the overall tax base.

Source: Marijuana.com

Category:  The Ganja Report

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