[UPDATED:] Judge's Ruling Tosses Blind Woman's Suit to Keep Her Pot Clinic Open
The attorney for Malinda Traudt, who is confined to a wheelchair, has vowed to appeal.
Traudt sued Dana Point in May because her family says she needs access to Beach Cities Collective in Capistrano Beach to manage her pain.
The suit claimed Dana Point's ban on medical marijuana dispensaries unconstitutionally interferes with Traudt's fundamental rights to life and safety under the California Constitution.
But, mirroring a tentative ruling she issued earlier this week, Schuman maintains there is no constitutional right to obtain medical marijuana, laws like the Compassionate Use Act have no bearing on the ability of cities to regulate or ban pot clinics and that there is no case law guaranteeing patients the right under the Constitution to a particular controlled substance.
Meanwhile, the city's own lawsuit against dispensaries that stayed open despite the ban continues. An appeals court stay has, ironically, allowed Beach Cities Collective to keep the doors open for Traudt and other patients while everything is being sorted out in the courts.
Jeff Schwartz, Traudt's attorney, has said he expected Schuman's ruling and has already prepared an appeal. Since the appeals court is where the case is now headed, the attorney and his client can at least hope for more receptive ears there.