Concord Sued On Medical Marijuana Ban

[Freaktan]

A local patient advocacy group filed suit Thursday against the city of Concord, alleging that its recent ban on medical marijuana facilities is unconstitutional and violates state law. The Oakland-based Americans for Safe Access wants the ban overturned, saying that -- despite a recent U.S. Supreme Court ruling against marijuana use -- voter-approved Proposition 215 allows such dispensaries.

"We intend to call upon the California courts to implement the will of the people by overturning this ban," ASA attorney Joe Elford said at a news conference at the Moscone Center, where the League of California Cities is holding its annual conference. However, Concord City Attorney Craig Labadie said that the Supreme Court-backed federal law prohibiting marijuana use trumps Prop. 215 under the Constitution's supremacy clause.

Last month the Concord City Council passed a ban on medical marijuana facilities, meaning the city's only dispensary must shut down before the end of the year. That downtown club, MariCare on Colfax Street, is not part of the suit.

"We would make two lines of argument," he said. "The type of facility actually operating in Concord does not fit the state law definition of a cooperative or collective. And state law is preempted by federal law


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Source: The Contra Costa Times and The San Jose Mercury News
Copyright: 2005 Knight Ridder
Contact: rhuff@cctimes.com.
Website:http://www.mercurynews.com/mld/mercurynews/news/breaking_news/12836276.htm
Author: Ryan Huff