Disabled Californians Have No Right to Smoke Weed, Federal Court Rules

Thumbnail image for marijuana-wheelchair-130.jpg
This isn't exactly surprising, seeing as how marijuana remains illegal under federal law despite having been legalized for medicinal purposes in more than 15 states. But yesterday,a three-judge panel with of the Ninth Circuit Court of Appeals upheld the dismissal of a lawsuit filed against the cities of Costa Mesa and Lake Forest by several disabled Orange County residents, including Marla James, the wheelchair-bound president of the OC chapter of Americans For Safe Access

The lawsuit was filed against the two cities, which have banned pot dispensaries and cracked down on cannabis clubs, by Matthew Pappas, who also represents several Long Beach dispensaries that are locked in a battle with the city over its controversial medical marijuana ordinance. It argued that the cities were violating the Americans With Disabilities Act (ADA) by denying them access to their medicine. However, the ruling essentially argued that ADA didn't protect the patients from using a drug that remains illegal under federal law.

"We recognize that the plaintiffs are gravely ill, and that their request for ADA relief implicates not only their right to live comfortably, but also their basic human dignity," the ruling states. "We also acknowledge that California has embraced marijuana as an effective treatment for individuals like the plaintiffs who face debilitating pain. Congress has made clear, however, that the ADA defines 'illegal drug use' by reference to federal, rather than state, law, and federal law does not authorize the plaintiffs' medical marijuana use. We therefore necessarily conclude that the plaintiffs medical marijuana use is not protected by the ADA."

Both James and Pappas say they will appeal the ruling. 


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6 comments
paullucas714
paullucas714 topcommenter

if the feds dont recognize the ADA under calif state law the californians with Disabilities ACt, does the state recognize CA ADA?

nazmunnaher
nazmunnaher

 We have recently begun to accept new members for 2011-2012 and walk-ins are always welcome. We have lowered our pricing and now offer a 10% discount for Veterans & Students (with valid ID) and HIV & Cancer patients.  (All our TOP SHELF 1/8’s are capped at $40).  Since opening our doors in 2009 our Denver dispensary has stood by our product and offered a 100% Satisfaction Guarantee. http://www.tgtree.com/

NG Coot
NG Coot

The image in the faux info sign is offensive.

20ftJesus
20ftJesus

Gotta hand it to Marla -- she's a hard worker. 

Paul Lucas
Paul Lucas

How lame is this circus act going to get before something hits a trigger point?  We recognize that the plaintiffs are gravely ill, and that their request for ADA relief implicates not only their right to live comfortably, but also their basic human dignity," the ruling states. "We also acknowledge that California has embraced marijuana as an effective treatment for individuals like the plaintiffs who face debilitating pain. Congress has made clear, however, that the ADA defines 'illegal drug use' by reference to federal, rather than state, law, and federal law does not authorize the plaintiffs' medical marijuana use. We therefore necessarily conclude that the plaintiffs medical marijuana use is not protected by the ADA."

I guess the 7 people in the US that get a monthly alottment of 1/2 lb or so from the federal government dont exist? They deny the right to acquire it because these peple cannot grow their own due to space, ability etc.

nf
nf

good, because it's reality.

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