Decision Delayed in Dispensary Ban Case

December 22nd, 2009
Posted by Kris Hermes

Today, the Court of Appeal for the Fourth Appellate District continued the case of Qualified Patients Association v. City of Anaheim into the indefinite future.  The Court requested additional briefing from all parties and amici on the significance of the Medical Marijuana Program Act’s exemption of collectives from state laws relating to nuisances.  In particular, the court wants the parties to address whether the legislative intent of the Medical Marijuana Program Act was to preempt municipalities from banning dispensaries. Americans for Safe Access will respond with a brief by January 15th.

2 Responses to “Decision Delayed in Dispensary Ban Case”

  1. Damian Nassiri, Esq. Says:

    California Civil Code Section 3482 states:
    Acts under statutory authority not a nuisance

    WHAT IS NOT DEEMED A NUISANCE. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.

    ASA lawyers should use this code section to bolster our argument. Seems like the Judges are throwing us a lifeline here. Thanks

    Damian Nassiri
    dnassiri75@hotmail.com

  2. malcolm420 Says:

    santa barbara,ca police hit medical 420 clubs. this is a crime against patients.

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