•by Paul Armentano, NORML Deputy Director
COMMENT,
Last note: The 14th amendment actually creates a lower class of “citizen of the United States” rather than the higher Citizenship of one of the several states of the union. The remedy provided to the 14th amendment, is an act by congress known as 15 United States Statute at Large, July 27, 1868, one day before the 14th Amendment took effect and also known as the “Expatriation Statute.” This is your remedy to claim to be a natural Citizen of your state. This makes you a higher Citizen and no longer subject to the Article 4 loophole that also deprives you of your rights.
If this was fast food “dispensaries” I doubt this ever would have passed. The blatant bigotry against cannabis consumers is really getting old. If you don’t want fast food or cannabis, then don’t consume it, simple. But we can not have a free society as long as we are trying to shut certain people out of it.
Will delivery services be affected by this ruling? Or only storefronts? I need my medicine somehow…
[Paul Armentano responds: Since, in theory, delivery services would not be subject to municipal zoning laws, then one would not think that this ruling would apply to them.] The Supreme Courts at the state and national levels are supposed to protect our freedoms, not eagerly help the various Congresses and police forces to undermine them. There is no balance of power anymore. That said, I’m hoping to see the tenor of the rhetoric turn from emphasizing “how our democracy died” to “remind us again why pot a bad thing”. The straight parents and law-givers don’t seem to hear the arguments about personal liberties and just cover their ears because of feeling too threatened by something new.
•by Paul Armentano, NORML Deputy Director
The California Supreme Court ruled today that municipalities possess the legal authority to prohibit the establishment of medical cannabis dispensaries.
The unanimous ruling upheld a 4th District Court of Appeals opinion (City of Riverside v. Inland Empire Patients’ Health and Wellness Center, Inc.) which held that local zoning measures banning the establishment of brick-and-mortar facilities that engage in the distribution of cannabis to state-authorized persons are not preempted by state law. Other lower courts had ruled against such local bans, arguing that cities can’t use zoning laws to bar activity legal under state law.
It is estimated that some 200 California cities presently impose moratoriums on medicinal cannabis facilities. At least 50 municipalities have enacted local regulations licensing dispensaries.
Opined the Court:
“We have consistently maintained that the CUA (the California Compassionate Use Act aka Proposition 215) and the MMP (the Medical Marijuana program Act) are but incremental steps toward freer access to medical marijuana, and the scope of these statutes is limited and circumscribed. They merely declare that the conduct they describe cannot lead to arrest or conviction, or be abated as a nuisance, as violations of enumerated provisions of the Health and Safety Code. Nothing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land, including the authority to provide that facilities for the distribution of medical marijuana will not be permitted to operate within its borders.”Although language included in Proposition 215 explicitly called for the state government “to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana,” to date, lawmakers have failed to enact any specific statewide regulations regarding the retail production and distribution of cannabis to those patients authorized to consume it.
Commenting on the ruling, California NORML Coordinator Dale Gieringer said, “The court essentially affirmed the status quo. Local governments may choose to allow or limit dispensaries as they please. The unfortunate result of this decision is to leave many needy patients without legal access to medical marijuana in their communities, thereby promoting illegal black market suppliers. It is time for the state and federal governments to step up to the plate and fulfill the mandate of Prop 215 to implement a system of ‘safe and affordable’ access for all patients in medical need.”
Legislation is presently pending in both the California Assembly (AB 473) and Senate (SB 439) to impose statewide regulations governing the dispensing of marijuana produced for medical purposes.
Full text of the California Supreme Court’s opinion is available online here.
