NEWS: Ban on OC medical marijuana clinics is appealed

SANTA ANA, Calif.—Four medical marijuana users who argue that bans on Orange County pot clinics violate the Americans with Disabilities Act appealed their case to the U.S. 9th Circuit Court of Appeals.

Matthew Pappas, the attorney representing the users, said he will argue the case based on an interpretation of the equal protection clause in the 5th Amendment. He pointed to a 2009 congressional decision based on the clause that lifted a ban on medical marijuana in Washington, D.C.

The disabled have the right to use marijuana under the disabilities act with a doctor's supervision, Pappas said.

In April, a federal judge refused to prevent two Orange County cities, Lake Forest and Costa Mesa, from banning pot dispensaries.

U.S. District Judge Andrew Guilford rejected the argument that the cities' laws against dispensaries conflict with the plaintiffs' rights to access public services. The judge ruled that the federal Americans with Disabilities Act law does not allow the use of marijuana, even by patients in California with authorization from their doctors.

Last year's policy change by Congress has opened the door for new arguments, Pappas said.

Congress made it legal for dispensaries to operate for medical patients in Washington, D.C. As a result, the district recently passed a law allowing dispensaries to operate within its jurisdiction.

In 1996, California voters passed the Compassionate Use Act, making the use and cultivation of marijuana legal for those battling chronic diseases, cancer and other serious illnesses. Since then, permitting or banning marijuana dispensaries throughout California has rested with individual city governments.

Since February, Costa Mesa has been enforcing its 2005 law by cracking down on pot clinics operating in the city. Police have made arrests for sales and possessions and in some cases 48-hour cease-and-desist orders were issued.

Source: MercuryNews.com