On December 26th 2011, Congressman and San Diego Mayoral Candidate Bob Filner spoke in support of medical marijuana and patients' rights at the San Diego Chapter of Americans for Safe Access Medical Cannabis Educational Rally in Ocean Beach, CA
San Francisco, CA -- A coalition of advocates and public
officials filed an amicus 'friend of the court' brief yesterday,
asking the California Supreme Court to take the appeal of Pack
v. City of Long Beach, a controversial decision from early
October. The coalition, which includes Americans for Safe Access
(ASA), the American Civil Liberties Union (ACLU), the Drug Policy
Alliance (DPA), as well as the County of Santa Cruz, is
also seeking outright depublication of the Second District ruling.
The Long Beach City Council decided in November to appeal the Pack
decision to California Supreme Court.
Advocates claim the Pack decision, which held that certain
provisions of the Long Beach ordinance were preempted by federal
law, is not final and has been widely misinterpreted by localities
across California in hurried bids to ban distribution and crackdown
on existing facilities regardless of their compliance with state
law. "The Pack ruling contradicts three other appellate
court decisions that have rejected federal preemption, indicating
this fight is far from over," said ASA Chief Counsel Joe Elford,
co-author of the amicus brief filed today. "We stand today in
support of Long Beach and other cities' right to regulate medical
marijuana distribution under state law."
Two published decisions from the Fourth District Court of Appeal --
County of San Diego v. San Diego NORML and Qualified
Patients Association v. City of Anaheim -- and another from
the Second District in City of Riverside v. Inland Empire
Patient's Health and Wellness Ctr., Inc. have all held that
California's medical marijuana law is not preempted by the federal
Controlled Substances Act (CSA). In June, coalition members ASA,
ACLU and DPA filed a brief before the Pack court arguing
against federal preemption, but it was disregarded.
Yesterday's amicus brief argued that the Pack court got it
wrong and the Long Beach ordinance was "well within the scope of the
government’s historical police powers as it concerns criminal law
enforcement, medical practices, and land use." The amicus brief also
asserted that by holding the ordinance preempted by federal law, the
Pack court "gave the CSA greater preemptive effect than
Congress intended or that the 10th Amendment allows," and
"significantly undermined the authority of state and local
governments to regulate in these critical areas."
"The Pack court did not entirely invalidate the Long Beach
ordinance or any other dispensary ordinance in California,"
continued Elford. "The ruling is also contradicted by other
appellate courts, which should give localities pause before changing
or rescinding their dispensary ordinances. The Pack court
held that parts of the licensing scheme enacted by the City of Long
Beach -- specifically provisions that granted permits through a
lottery system at a significant, recurring fee -- are preempted by
federal law. However, the court made a distinction between a
licensing scheme and an ordinance that would merely protect such
facilities against local civil or criminal prosecution, leaving open
the possibility that Long Beach could comply with the court’s
decision simply by making certain changes to its ordinance.
The California Supreme Court is expected to decide whether to review
and/or depublish the Pack decision by spring of 2012.
Further information:
Coalition amicus brief filed yesterday: http://AmericansForSafeAccess.org/downloads/Pack_Amicus_CSC_Review.pdf
Ruling in Pack v. City of Long Beach: http://AmericansForSafeAccess.org/downloads/Pack_v_Long_Beach.pdf
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