Appeals court strikes down Long Beach, CA Medical Marijuana ordinance

[Xicano]

The Second Appellate District Court of Appeal ruled Tuesday that much of Long Beach's medical-marijuana ordinance is in violation of federal law, thus striking down several of its provisions, including all of those pertaining to the permitting process for collectives.

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This would appear to mean that not only must the City cease its permitting activity — which has consisted mainly of various enforcement actions against collectives (including armed raids) for operating without a permit — but it will likely be compelled to refund all of the approximately $800,000 collected in regards to the September 20, 2010 lottery.

Additionally, it appears the City will have to dismiss all criminal and civil charges, be they against individuals or collectives, related to operating a collective without a permit.

Lastly, the City is likely to face numerous lawsuits from patients and collectives who will claim to have been denied their state-sanctioned right "collectively or cooperatively to cultivate marijuana for medical purposes" by virtue of a permitting process that has been found to be illegal.



http://www.lbpost.com/news/staffreports/12502