An Orange County Superior Court judge has firmed up her tentative ruling throwing out a woman's case against Dana Point in which Malinda Traudt sought to prevent the city from closing Beach Cities Collective, a pot dispensary that her family says is her lifeline.
Her attorney has promised an appeal. Traudt, 29, of San Clemente, who was born with cerebral palsy, epilepsy and blindness, had sued Dana Point in May to keep open the dispensary from which her family obtains marijuana to manage her pain.
Traudt claimed in legal documents that the city's ban unconstitutionally interferes with her fundamental rights to life and safety, under the California Constitution.
In her ruling, Orange County Superior Court Judge Nomoto Schumann cited cases and said that:
-There is no constitutional right to obtain medical marijuana.
-The Compassionate Use Act and the Medical Marijuana Program Act do not preempt the city's ability to regulate or ban medical marijuana collectives or dispensaries.
-There is no authority that a patient has a fundamental constitutional right to obtain any particular controlled substance.
The Compassionate Use Act, also known as Proposition 215, which was approved by voters in 1996, allows for the use of marijuana for medicinal purposes.
Patients can legally use marijuana with permission from doctors under that law. However, federal law still forbids marijuana possession in most cases, which officials and lawyers say creates conflicts.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Orange County Register
Author: VIK JOLLY
Contact: The Orange County Register
Copyright: 2010 Orange County Register Communications
Website: Judge throws out pot suit against Dana Point
Her attorney has promised an appeal. Traudt, 29, of San Clemente, who was born with cerebral palsy, epilepsy and blindness, had sued Dana Point in May to keep open the dispensary from which her family obtains marijuana to manage her pain.
Traudt claimed in legal documents that the city's ban unconstitutionally interferes with her fundamental rights to life and safety, under the California Constitution.
In her ruling, Orange County Superior Court Judge Nomoto Schumann cited cases and said that:
-There is no constitutional right to obtain medical marijuana.
-The Compassionate Use Act and the Medical Marijuana Program Act do not preempt the city's ability to regulate or ban medical marijuana collectives or dispensaries.
-There is no authority that a patient has a fundamental constitutional right to obtain any particular controlled substance.
The Compassionate Use Act, also known as Proposition 215, which was approved by voters in 1996, allows for the use of marijuana for medicinal purposes.
Patients can legally use marijuana with permission from doctors under that law. However, federal law still forbids marijuana possession in most cases, which officials and lawyers say creates conflicts.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Orange County Register
Author: VIK JOLLY
Contact: The Orange County Register
Copyright: 2010 Orange County Register Communications
Website: Judge throws out pot suit against Dana Point
