Malinda Traudt, Blind, Wheelchair-Bound Woman's Medical Marijuana Appeal Proceeds
That what Traudt's attorney tells reporter Vik Jolly of the Orange County Register, who has been all over the case like a spider mite on a pot plant.
|From Beach City Collectives Facebook page|
The same court prevented Dana Point from closing Beach Cities Collective, the Capistrano Beach dispensary that Traudt's family claims is her lifeline.
She was born with cerebral palsy, epilepsy and blindness.
Traudt sued Dana Point in May to keep open the dispensary from which her family obtains marijuana to manage her pain.
Orange County Superior Court Judge Nomoto Schumann tossed the suit in June.
She ruled there is no constitutional right to obtain medical marijuana and that Prop 215, the state's landmark Compassionate Use Act of 1996 and the Medical Marijuana Program Act do not preempt Dana Point's ability to regulate or ban medical marijuana collectives or dispensaries.
Schumman further ruled is no authority that a patient has a fundamental constitutional right to obtain any particular controlled substance.
Patients can legally use marijuana with permission from doctors under state law, but federal law still forbids marijuana possession in most cases, which officials and lawyers say creates conflicts.
Conflicts that continue to clog up Cali courts.