These initiatives include Proposition H in Del Mar, Proposition W in Solana Beach, and Proposition T in Lemon Grove.
Fortunately, with this dismissal, the Pack decision was de-published. This means that attorneys can no longer cite Pack as valid law. Similarly, a municipality cannot rely upon the Pack decision
to ban lawful medical marijuana dispensaries, nor to conclude that
local regulation of lawful medicinal cannabis dispensaries violates
federal law.
The California Supreme Court also recently, and unanimously, let the 2012 decision, Pack v. Colvin,
stand, which held that a qualified patient who was managing two
storefront dispensaries was entitled to a defense in court to criminal
charges of transportation of marijuana and possession of concentrated
cannabis.
 |
| Citizens For Patient Rights |
The
court discussed at length that Colvin had operated a legitimate and
lawful storefront dispensary, complying with California's laws and the
Attorney General's 2008 guidelines. On May 23, the California Supreme
Court unanimously decided to let Colvin stand as good law, essentially endorsing that a qualified patient can operate a lawful storefront dispensary.
In July, the Second District Court of Appeal in California also issued a landmark decision in County of Los Angeles v. Alternative Medicinal Cannabis Collective (AMCC), which affirmed the legality of medical marijuana dispensaries under state law, and rejected bans imposed by municipalities.
 |
| Citizens For Patient Rights |
On the issue of whether dispensaries are legal under state law, the AMCC court
ruled that "[T]he repeated use of the term 'dispensary' throughout
[Health and Safety Code section 11362.768] and the reference in
subdivision (e) to a 'storefront of mobile retail outlet' make it
abundantly clear that the medical marijuana collectives authorized by
section 11362.775 are permitted by state law to perform a dispensary
function."
The AMCC decision further
held that "[Los Angeles] County's total, per se nuisance ban against
medical marijuana dispensaries directly contradicts the Legislature's
intent," and called that contradiction "direct, patent, obvious, and
palpable."
"Pack was an outlier," said Jessica McElfresh, official legal representative of the Patient Care Association.
"There is a consistent and growing consensus through numerous appellate
court decisions as to the legality of storefront medical marijuana
dispensaries."
 |
| Citizens For Patient Rights |
"With Pack no
longer binding law, hopefully municipalities throughout San Diego
County will cease banning medical cannabis collectives, and instead,
regulate and permit them to allow qualified patients and primary
caregivers to have legal, safe and affordable access to the medicine
that alleviates their pain and suffering," said James Schmachtenberger,
president of the Patient Care Association.
Propositions
W (in Solana Beach), H (in Del Mar), and T (in Lemon Grove) would
provide such regulation, according to the Patient Care Association, and
the dismissal of Pack v. Long Beach confirms, once again, the legality of such regulations under California state law.
For more information, please visit the website of Citizens for Patient Rights.
