There is no constitutional right in California to obtain medical marijuana, according to an Orange County Superior Court judge. The judge on Tuesday threw out a lawsuit filed by a blind San Clemente medical marijuana patient who said she had a state constitutional right in California to cannabis to help her cope with cerebral palsy and other illnesses.
Judge Tam Nomoto Schumann showed an unbecoming heartless streak as she granted a motion to dismiss Malinda Traudt
‘s lawsuit against the city of Dana Point, Calif. Her attorney, Jeffrey Schwartz, vowed to appeal, reports the Long Beach Press-Telegram
Traudt buys medical marijuana from Beach Cities Collective in Dana Point, and is trying to stop the city’s attempts to shut down the dispensary.
|Miguel Vasconcellos/Orange County Register
|Shelly White feeds her daughter, Malinda Traudt, cannabis-infused peanut butter balls after Malinda started showing signs of being in pain. Officials at the city of Dana Point are closing a local dispensary where she gets medical marijuana to treat her daughter’s severe osteoporosis pain and cerebral palsy.
Schwartz said he expected Judge Schumann to dismiss the case. “I didn’t even try to argue her out of it,” he said. “I told her I said everything in my brief, so let’s get on with the appeal.”
Schwartz said he will file an appeal this week.
The judge ruled that the Compassionate Use Act, which legalized medical marijuana and was approved by voters in 1996, and the Medical Marijuana Program established by state legislators in 2003 under SB 420, do not preempt Dana Point’s use of zoning laws to ban medical marijuana dispensaries.
Schwartz argued that the case law Judge Schumann relied upon did not address Traudt’s assertion that she needs the medical marijuana to cope with her pain. Schwartz said that Traudt nearly died after being administered an opiate painkiller prescribed when she could not obtain medical cannabis.
A three-judge panel of the Fourth District Court of Appeal issued a stay June 28 on Dana Point’s request in state court for an injunction that would shut down Beach Cities Collective, the dispensary used by Traudt.
In a separate legal setback for Traudt last month, a Superior Court judge rejected a request by Schwartz to let his client intervene in the city’s lawsuit to close Beach Cities Collective.
The appellate court’s temporary stay on the injunction gave Dana Point’s attorneys time to explain to the appellate court justices why they think the temporary stay of the injunction should be lifted. It is not known when the appellate court justices will rule on that case.
Traudt’s health is failing, but the medical marijuana helps relieve her pain, according to Schwartz.
“She’s doing OK,” Schwartz said. “She had her 30th birthday over the weekend and as long as she has the medical marijuana she seems in reasonably good spirits.”