Misguided Lake Forest Judge Rules Dispensaries are Not Legal

LAKE FOREST – Superior Court Judge David Chaffee in Lake Forest CA on Wednesday, May 12, 2010, granted a request by the city for a preliminary injunction which will now allow the city to shut down all medical marijuana dispensing collectives, cooperatives, grows, and other related uses. Judge Chaffee “found that under state law a city cannot pass a land-use law that violates state and federal law…He found that because marijuana is illegal under federal law, the city has not and cannot have a land use law that allows medical marijuana dispensaries”(OC Register, 2010).

Dale Gieringer of CA NORML weighed in on the issue writing “The decision applies only to Lake Forest, but if appealed it could set a very bad precedent, as many cities currently allow dispensaries in their land use plans”.

Erika Ritchie of the OC Register wrote “in his ruling on City of Lake Forest vs. Moen, et all, Chaffee wrote: “Defendants are barred from conducting, allowing, permitting, inhabiting, leasing, renting or otherwise granting authority to use properties in the above described manner”.

If this case goes to appeal, and the appellate courts uphold the Judge’s ruling, safe access to medicine across the state could be jeopardized. Many thousands of patients hope that a temporary stay to this ruling is achieved, and that if this case is appealed, that the courts find in favor of sensible safe access.

Read the OC Register Article:
http://www.ocregister.com/news/city-248417-law-dispensaries.html

Eugene Davidovich
San Diego Americans for Safe Access
www.safeaccesssd.com

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