Court: Disabled Rights Not Violated By Pot Dispensary Shutdowns | Marijuana and Cannabis News

Marijuana and Cannabis News

Court: Disabled Rights Not Violated By Pot Dispensary Shutdowns

By Steve Elliott ~alapoet~ in Dispensaries, News

Monday, May 21, 2012 at 2:57 pm

A federal appeals court on Monday decided that when cities shut down medical marijuana dispensaries, doing so does not violate the federally protected rights of disabled people.

A three-judge panel on the U.S. 9th Circuit Court of Appeals upheld the dismissal of a lawsuit by severely disabled Californians who were authorized by their doctors to use cannabis, reports Maura Dolan at the Los Angeles Times.

The patients had sued the Orange County, California cities of Costa Mesa and Lake Forest, charging that the cities' attempts to shutter medicinal cannabis dispensaries violated the federal Americans with Disabilities Act (ADA), which prohibits discrimination based on disability.

The 9th Circuit ruled that federal law does not protect the use of drugs banned by the federal government.

"We recognize that the plaintiffs are gravely ill," wrote Judge Raymond C. Fisher, a Clinton appointee, for the court.

The patients' attempt to win legal protection involves "not only their right to live comfortably, but also their basic human dignity," Judge Fisher wrote, and "California has embraced marijuana as an effective treatment for debilitating pain."

But, Fisher wrote, Congress has made clear the ADA provides no protection for medical marijuana patients.

Tags: 9th circuit court of appeals, americans with disabilities act, california

More links from around the web!

5 comments

Sort: Newest | Oldest

Pamdashner

If it is perscribed in pill and excepted by the reg. pharmacies? Then why could'nt it be perscribed as you request? Ist it because the Gov. does'nt have control of it in one aspect? But in the other they do? To me... God put it here for a reason and left it up to us to figure it out, and we did! It was'nt to make money on, it was'nt to get high on, and that would only be NATUARAL . Its for Healing. And the Government could and should look out for Go Green Aspect Of Healing. P.Dashner.Mo.

lvjiang777

http://tinyurl.com/7t8pnfb

Shaye Murphy

These people need to be looked at closer!

Spliffy's Cannabook

It's time to re-evaluate the judges to who knowingly deny the rights of cannabis users, and worse the rights of patients, to responsibly use cannabis. These men and women are not "honorable" and have forfeited their right to such a title. No more "HONOR" for you people! They are all paid for by the corporations they serve and they do not reflect the majority of society - either in CA or elsewhere.

TAOBNAS

"The 9th Circuit ruled that federal law does not protect the use of drugs banned by the federal government." When our highest judges in court defend an unjust law, either they are completely unaware of the many specific benefits of cannabis/hemp and the laws governing it's prohibition or they are simply turning a blind eye. Either way your honors, we're all going to have to face the truth. There has been serious injury committed upon a countless number of innocent people in America and / around the world. If you don't really know about it and are still under reefer madness arrest, I bid you take some time and learn about cannabis:/)