[Updated With Info On Upcoming Hearing] Long Beach Marijuana Dispensary Ban is Illegal, Court Rules

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*See end of post for information about the next hearing in this case as well as the Long Beach City Attorney's response, denying that the city's pot ban has been invalidated.

ORIGINAL POST, Sept. 8, 5:23 p.m.: A Los Angeles Superior Court ruling may have far reaching consequences for Long Beach's ban on medical marijuana dispensaries.

According to a press release issued today by the law offices of Matthew J. Pappas, L.A. Superior Court Judge James R. Dunn struck down the city's ban of marijuana dispensaries, arguing that such a ban conflicted with state law, which allows medical marijuana patients to collectively cultivate and consume cannabis.

The two-page ruling, which the Weekly obtained from Pappas, is dated Aug. 17, and specifically overrules the city's prohibition of pot clubs, a civic ordinance known as 5.89. In it, Dunn wrote that the ban is "virtually identical" to an L.A. county ban that had already been struck down and "is therefore preempted by state law." The ruling gave the city 15 days to respond, and it is unclear if the city bothered to do so and if so, how the court responded to that effort.

Pappas had filed the case in Dunn's court back in May, alleging that his daughter, plaintiff Victoria Pappas, had been severely injured in an assault the previous year, and unlike patients who can easily obtain oxycontin and other addictive painkillers at the local pharmacy, had to risk being subjected to Long Beach's policy of raiding pot clubs just to obtain medication she was entitled to use via California's Compassionate Use Act.

After allowing cannabis clubs to apply for an expensive lottery system that was later ruled illegal in a case filed by Pappas himself, the city banned pot clubs on Feb. 14 of this year, allowing a select group of lottery-winners to remain open for six months, a deadline that expired in August, by which time most of those clubs had shuttered as well.

In an email, Pappas said that his secretary hadn't opened the ruling and had placed it in a large stack of mail, which is why he didn't discover it until yesterday. "Now, we'll go in to get an injunctive relief order, but the finding by the judge is substantive and it is a finding that 5.89 is preempted and invalid," Pappas stated.

In other words, Pappas, who represents numerous cannabis clubs in Long Beach, including many that were either shut down by the city or closed voluntarily after being raided, hopes to use Dunn's ruling that the city's ban violates state law to obtain a court order that would prevent the city from raiding any of his clients.

Stay tuned, since we'll be updating this story as more information--most importantly whether the city has responded to the ruling--becomes  available. For now, however, it appears that Long Beach's ill-fated foray into medical marijuana policy has just become even more expensive for city hall.

Update, Sept. 11, 9:25 a.m.: In response to this post, the Long Beach City Attorney emailed us a letter yesterday evening denying that Dunn's ruling that the city's pot ban is "invalid" actually means that the city's pot ban is invalid. As my original post noted, attorney Matt Pappas, who sued the city on behalf of his daughter, plans to use that ruling to ask for an injunction that would prevent the city from continuing to raid cannabis clubs in the city. Despite this fact, the city attorney whines that I somehow got my facts wrong, insisting that my article is "incorrect and leaves the false impression that the City's current ban on medical marijuana collectives has been held invalid."

The statement goes on to complain that Dunn "did not consider or rule on any request for a preliminary injunction or temporary restraining order related to the City's ban. It simply denied the City's demurrer and directed the City to answer the complaint within 15 days." According to the letter, the city has responded to Dunn's ruling and is awaiting further developments in the case. "It should be pointed out that during the past two months, several courts on more than a half dozen occasions have specifically refused to issue an injunction against the city's ban," it states. "Mr. Pappas knows these facts well. The article has clearly conveyed an incorrect impression of the Court's ruling in this case."

Wahhh! At least the city attorney didn't threaten to sue us, like when Long Beach Post reporter Greggory Moore wrote a story about how one of its employees, Kendra Carney, was allegedly present at a pot club raid where cops brutalized a handcuffed employee.

Update, Sept. 17, 10:50 a.m.: In a hearing on Sept. 14, Judge Dunn refused to rule on Pappas' request for a preliminary injunction against Long Beach, which would prevent the city from targeting cannabis clubs for violating its questionable pot ban. Instead, Dunn has asked City Attorney Kendra Carney to consolidate the 15 civil lawsuits it currently has against individual dispensaries that allegedly violated the ban into one case. Once that has been accomplished, Dunn stated, he will then consider the merits of any such injunction. The good news for the cannabis clubs is that if he does make such a ruling, it now will automatically apply to 15 clubs. The next hearing in the case is scheduled for Oct. 12.

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10 comments
20ftjesus
20ftjesus topcommenter

Paging Dr. Greenthumb.

CrackedActor
CrackedActor

Hey Nick, what about Pappas' accusation of patient harassment by Sund and Carney?

jose257
jose257 topcommenter

We the People petition the Obama administration to: End de facto slavery with the war on marijuana as an excuse to force young black men to become prison slaves. http://wh.gov/WlgU

 

jose257
jose257 topcommenter

I wonder how many mega tons of pot have already been smoked in Long Beach over the past fift years.

 

malcolmkyle16
malcolmkyle16

Prohibitionists are neither civil nor productive members of society, they are soulless parasites—inhuman, oppressive criminals from whom protection is required.  

 

Or maybe Prohibitionists did not really intend to kill hundreds of thousands worldwide, put 1 in every 30 American adults under supervision of the correctional system, and—exactly like their counterparts of the 1920s— destroy the economy?

 

Whatever way you look at it, Prohibitionists are overwhelmingly responsible for an immense increase in organized crime, international terrorism, rampant official corruption, a broken economy, mass unemployment and a serious undermining of international security and development.

 

If you sincerely believe that prohibition is a dangerous and counter-productive policy then you can stop helping to enforce it. You are entitled—required even—to act according to your conscience! 

 

* It only takes one juror to prevent a guilty verdict. 

* You are not lawfully required to disclose your voting intention before taking your seat on a jury.

* You are also not required to give a reason to the other jurors on your position when voting. Simply state that you find the accused not guilty!

* Jurors must understand that it is their opinion, their vote. If the Judge and the other jurors disapprove, too bad. There is no punishment for having a dissenting opinion.

 

“It is not only [the juror's] right, but his duty … to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.” —John Adams

 

We must create what we can no longer afford to wait for: PLEASE VOTE TO ACQUIT! 

 

jose257
jose257 topcommenter

 @ageofknowledge  @malcolmkyle16 Marijuana is not a drug and it is not addicting.  Most likely you are addicted to sugar which is actually dangerous, unlike marijuana.

Putyouinyourplace
Putyouinyourplace

 @ageofknowledge  @malcolmkyle16 ageofknowledge - you have no clue.  Marijuana has no physical addictive qualities to it.  The people who are "addicts" would force themselves to be addicted to anything after repeatedly abusing it - marijuana, alcohol, video games, etc.  There are no physical withdraw symptoms from heavily using marijuana and then quitting, unlike heroine.

brucemarsh40
brucemarsh40

 @ageofknowledge  @Putyouinyourplace

 So what? You think you have a moral right to deny potheads their drug of choice? WHY don' t you just bugger off and worry about your own addictions. Like your need for power, to effect others in a negative way to feed it and to prove to yourself that you matter. You don't. The cannabis plant has mattered since before the dawn of history, G Washington grew cannabis, Abe Lincoln refered to his "sweet hemp pipe", cannabis was accepted medicine for 100's of years and the doctors opposed prohibition at the time. It was and still is an effective medicine. The last three presidents of the USA medicated with cannabis for teenage angst. Your fearmongering is false and laughable. Bugger off.

hh

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