Anaheim Medical Marijuana Dispensary Ban Case to Return to California Court of Appeals

The California Court of Appeals is set once again to hear arguments regarding Anaheim’s four year ban on medical marijuana dispensaries. This is after an Orange County Superior Court judge delivered a victory to Anaheim in ruling that the city’s ban was not in violation of state law. The controversy has been contested in various state courts since the marijuana dispensary Qualified Patients Association filed suit against the city’s ban in 2007.

Anthony Curiale, the Qualified Patients Association’s attorney, has made the expected announcement that he plans to appeal the ruling of the Superior Court. He argues that Anaheim’s ban on medical marijuana dispensaries is “unconstitutional” and “invalid” and that is in direct conflict with California state law, which permits medical marijuana dispensaries. However, Superior Court Judge David Chaffee ruled neither the medical marijuana initiative passed by voters in 1996 nor the state law passed by the legislature actually preempt local governments from passing ordinances that regulate the actual distribution of marijuana, even medical marijuana.

Anti-drug advocates are celebrating this case as a victory. Paul Chabot of the Coalition for a Drug-Free California said “I think both sides have been watching this case more so than any other…We are excited about this. We think it’s going to encourage the cities that are on the sidelines to join with the majority of California cities in banning dispensaries.” The Coalition for a Drug-Free California states that 224 cities and 15 counties have banned the operation of dispensaries within their limits. Their estimate differs from the estimate of the pro-medical marijuana group American for Safe Access, which counts 161 cities and 17 counties that have banned medical marijuana dispensaries.

While the Anaheim ban has attracted the most publicity, Joe Elford, general counsel Americans for Safe Access has estimated that at least ten other local bans are being challenged in California state courts.