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: Legal Pad | LAFederal judge strikes a blow for med-marijuana bans in OC
By Richard Binder
U.S. District Judge Andrew Guilford ruled yesterday that the cities of Costa Mesa and Lake Forest in Orange County can ban marijuana dispensaries, throwing out a suit brought by four medical marijuana users that claimed the bans would violate their rights under the Americans With Disabilities Act.
Plaintiffs Marla James, Wayne Washington, James Armantrout and Charles Daniel DeJong filed the suit in April, arguing that the use of the words "illegal use of drugs" doesn't apply to them because their use of marijuana is "recommended by doctors under the California Compassionate Use Act."
Guilford countered that exceptions cannot apply to them because marijuana cannot be prescribed under the ADA.
Matthew Pappas, the Mission Viejo attorney representing the plaintiffs, plans to appeal.
Full post as published by Legal Pad | LA on May 04, 2010 (boomark / email).
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