Pot Dealers Still Can't Operate in Lake Forest and Costa Mesa

A group of pot users (for medicinal purposes) tried a novel approach to preventing the closure of several medical marijuana dispensaries in two Orange County cities. They lost:

A federal judge has rejected a request by four Orange County medical marijuana patients for a temporary injunction preventing Lake Forest and Costa Mesa from shutting down marijuana dispensaries in their cities.

The four patients – Marla James, Wayne Washington, James Armatrout and Charles Daniel – argued through their attorney Matthew Pappas that the Americans with Disabilities Act gave disabled people a federally protected right to use medical marijuana if such use is legal under state law and done with appropriate supervision.

The four were asking the court to temporarily prevent the cities from taking any further action against medical marijuana collectives; bar the cities from violating the rights of qualified people under the ADA; award damages for past actions in violation of the ADA; and award attorneys' fees.

Pappas argued his clients would suffer irreparable harm absent a preliminary injunction against the cities.

U.S. District Court Judge Andrew Guilford, however, disagreed.

In his judgment filed Friday, he concluded: "At this stage, the court agrees with defendants. Marijuana is a Schedule I controlled substance under the Controlled Substances Act, and under that Act, it currently has no medical purpose."

Pappas said he is reviewing the ruling and considering options. "We'll certainly consider appealing the to the 9th Circuit Court of Appeals," he said.

Jeffrey Dunn, attorney for the city of Lake Forest, said Judge Guilford's decision shows a careful analysis of the disabilities act.

"It concluded that the law does not allow the use of marijuana, an illegal drug under federal law," Dunn said.

Of course, if this gets to the Ninth Circus there's no telling what those loonies will do. However, Federal law still trumps State law which means that no matter how many different pot initiatives the State voters pass marijuana is still illegal for possession or use. Even the Ninth Circus should be able to figure that out.