A state Court of Appeal upheld a Los Angeles County Superior Court order last Tuesday, dismissing a class-action lawsuit that challenged an ordinance banning medical marijuana facilities in Long Beach, the city attorney’s office announced today.
The plaintiffs, which included The Kind and Compassionate and Final Cut dispensaries and three medical cannabis patients, alleged patients “suffered from physical or mental disabilities, serious illnesses or permanent injuries, and that the Americans Disabilities Act entitled each of them to medical marijuana,” a release from the city attorney’s office stated.
The plaintiffs stated that the city’s February 2012 ban on medical marijuana collectives “illegally prevented these patients from receiving medical marijuana” and the city violated the 5th Amendment when it established the ban, according to the appeal judgment.
However, this was found not true by the Appellate Court.
“Municipal regulation of, and bans on, medical marijuana dispensaries cannot operate to discriminate against persons with disabilities, because those persons have no right of convenient access to medicinal marijuana in the first place,” Judge John Shepard Wiley, Jr. wrote in the appeal.
Plaintiffs also alleged the city “interfered with established dispensaries, and violated federal or state laws, by threats, intimidation, or coercion.” The appeal judgment also noted allegations by the plaintiffs, including that certain city employees threatened the plaintiffs with citations, fines, arrests and harassment. However, the Court of Appeal did not find that to be true.
“Simply put, there is no federal or state law granting plaintiffs the right to lease property to operate a marijuana collective, so defendants could not have interfered with any such right,” the appeal read.
The Court of Appeal rejected all of the plaintiff’s claims. The notice of appeal was filed by plaintiffs September, 2014.