Pubdate: Thu, 23 Aug 2012
Source: Contra Costa Times (CA)
Copyright: 2012 Bay Area News Group
Contact:  http://www.contracostatimes.com/
Details: http://www.mapinc.org/media/96
Author: Eric Bradley

SUPREME COURT DISMISSES LONG BEACH MEDICAL MARIJUANA CASE, BUT BAN REMAINS

LONG BEACH - The California Supreme Court on Wednesday dismissed a
case that would have decided if this city can regulate medical marijuana.

Justices made their decision after Matthew Pappas, the attorney for
the petitioners in the appellate court case, Pack v. Long Beach,
abandoned his original argument that Long Beach's short-lived rules to
allow and regulate medical marijuana violates federal law.

Pappas didn't return a call seeking comment. The lawsuit was filed by
two disabled individuals, Ryan Pack and Anthony Gayle, in 2010.

Fearing it would be unable to control the spread of collectives as a
result of the appeal court decision, the City Council in February
acted to repeal its permit scheme while at the same time banning
collectives of more than three people.

A six-month exemption for operators who were given permission in 2010
to provide medical marijuana if they complied with local regulations
expired Aug. 12.

Before the repeal and ban, Long Beach appealed the Pack decision,
handed down in October, to clarify its powers to control
collectives.

In throwing out the appeal, the court cited Long Beach's ban since the
Pack ruling.

"The legal validity of (the permit law) is therefore moot," justices
said in announcing the dismissal. "The legal validity of (the ban) has
not been considered at any prior stage of this proceeding, and is not
ripe for review by this court."

Medpot advocates were hopeful after the decision, claiming that since
Pappas abjured his position that Long Beach's collectives law
conflicts with federal code that prohibits marijuana sale or use, the
city is free to reinstate the regulations permitting tightly
supervised collectives.

City Attorney Robert Shannon, however, said that the reversal means
the appeal court decision, which was unpublished when the case went
for review, is in effect again.

Thus, the city has no power to regulate medical marijuana due to the
Pack decision, he said.

The state Supreme Court is considering several cases that will
determine the power of cities to ban collectives.

"Until they rule on the right of a municipality to ban medical
marijuana collectives, our ban will remain in place," Shannon said.

Carl Kemp, a spokesman for the Long Beach Collective Association, a
group of previously city-permitted operators, disagreed with Shannon's
analysis.

He pointed to the court's rules of dismissal referenced in Wednesday's
order.

"After an order dismissing review, the Court of Appeal opinion remains
unpublished unless the Supreme Court orders otherwise," the rule
states in part.

The high court's order didn't deem the opinion published.

Shannon said even if the opinion is unpublished, it remains binding on
Long Beach but doesn't apply to other cities.
- ---
MAP posted-by: Matt