Court says cities can ban pot stores

May 22, 2012

A federal appeals court known for its liberal leanings has affirmed a city’s ability to ban medical marijuana dispensaries without violating disability mandates. [San Francisco Chronicle]

The Ninth U.S. Circuit Court of Appeals in San Francisco issued its ruling Monday, saying it sympathized with a group of severely ill individuals seeking to preserve “their basic human dignity” with medical pot use. But the court ruled there are no legitimate exemptions to federal law even though disabled persons might be adversely affected. The Obama Administration supported the appeals court decision.

Part of the court’s decision was based on a finding that users of illegal drugs cannot be considered disabled.

The case in question involved two Orange County communities, Irvine and Lake Forest, both of which shut down medical marijuana dispensaries. A decision is pending by California’s Supreme Court on whether the state’s medical marijuana laws permit banning of dispensaries within city or county borders.


16 Comments

  1. jimmy_me says:

    Just to make sure everyone understands the problem… A person with a legitimate medical issue who lives in Creston (or somewhere way out there) has major issues getting a medicine that helps them. In a perfect world, they could go down to the local store and get what they need. In SLO county, the best they can hope for is to find a mobile dispensary that will deliver to them. If they do not find that, they are now forced to somehow get to Santa Barbara or Bakersfield to obtain medicine. If they can’t manage that, they are forced to buy it off the street. This is seriously unfair to people who legitimately use the medicine.

    Like or Dislike: Thumb up 3 Thumb down 2

  2. whatdouno says:

    No problem with the methadone clinics though! Right and you know why of course…big pharma makes money off it. Now after all the 18-24 year olds decide to get off heroin, they can just go down to the corner methadone clinic and get a state funded dose.

    Like or Dislike: Thumb up 3 Thumb down 0

    • Bob says:

      Absolutely hate those methadone clinics and their mobile vans. I have filed complaints with the city over the time and place of these people being around the corner from a school, being in the same block as a high school & middle school bus stop, in the core of the business district or less than 100ft from residences.

      Yeah, I am hopeful they are getting the treatment they need. But seriously, is addiction to methadone any better?

      Like or Dislike: Thumb up 1 Thumb down 0

  3. Ted Slanders says:

    .
    “Behold, I have given you every plant yielding seed that is on the surface of all the earth, and every tree which has fruit yielding seed; it shall be food for you.” (Genesis 1:29)

    “For everything created by God is good and nothing is to be rejected.” This says that “Mary Jane” is good and is not to be rejected. Get it? (1Timothy 4:4)

    This Hebrew-Christian God-given food and medicine should be readily available and inexpensive to His creation. Any hungry or sick and suffering person that could benefit from it should do so without paying either the exorbitant prices caused by its illegality, their arrest, or caused by pharmaceutical company profits.

    Drug companies ask astronomical prices for a largely ineffective artificial substitutes for different maladies. Jesus said, “You can not serve God and mammon”, (Mat 6:24). Mammon is money. The mammon in marijuana prohibition is greed and profit!!! 2+2=4.

    “Mary Jane” should be received with gratitude. “For everything created by God is good and nothing is to be rejected, if it is received with gratitude.” (1 Tim 4:4) If you would like to see grateful people, you will find them wherever marijuana has reduced pain, helped with blindness, whose tumors have shrunk or disappeared, whose depression is vanquished, or have just gathered in happiness to share each other’s loving company by toking some pot!

    When is the government going to start following bibilical scripture like it should?!

    Praise our Hebrew-Christian God, and Jesus’ truth about pot!

    Like or Dislike: Thumb up 10 Thumb down 5

    • zaphod says:

      Louis concurs:
      http://www.youtube.com/watch?v=obrDSmiDyGk
      the comments there.
      here.

      Like or Dislike: Thumb up 8 Thumb down 0

      • Ted Slanders says:

        zap,

        It’s too bad that pseudo-christians that mark my posts with their “dislikes” don’t agree with the Hebrew-Christian God on this topic. But, that is why they are pseudo-christians to begin with!

        We can only gain godly solace when the Hebrew-Christian God sorts them out in the end. Thank God for His killing revenge, aka, the sulfur lakes of burning hell, praise!

        Like or Dislike: Thumb up 7 Thumb down 5

    • Spirit Filled says:

      My next mj laced cookie is for and in Jesus’ name. Thanks for the succinct way you have explained my thoughts.

      Blessings

      Like or Dislike: Thumb up 1 Thumb down 1

  4. Bob says:

    Cities should have the right to regulate or ban certain types of business uses within their cities. Just like some or most cities regulate or prohibit porn shops, casinos, bars, industries known to be pollutants or pot stores.

    If you don’t like the direction of a city council prohibiting or regulating a pot shop or other type of business use. Then run for office and put your time and money where your mouth is!

    FYI: Just because, a statewide vote supported medical marijuana use does not mean that every city who’s population voted against should have it forced on them.

    If you want to protect legitimate medical marijuana users. Then do something to stop all the fraudulent drug users from scamming the system. I have yet to meet a 18 to 24 year old with a pot card who is disabled or suffering from a chronic condition. Yes, I’m sure there are some out there. However, you & I both know that 98% are full of shit.

    Until the feds change the law, there is very little you can do about it in California.

    Like or Dislike: Thumb up 3 Thumb down 2

  5. standup says:

    The feds have better things to do with our tax dollars. However, alcohol, tobacco, big pharma, private prisons and every law enforcement union in the country lobby hard to keep prohibition going even though they are still in the 1930’s. The latest poll says 56% of the American people would vote to legalize and tax but noooooo. Keep the war going stupid idiots and keep wasting billions making the cartels rich. It all starts with the stupid idiot in the whitehouse.

    Like or Dislike: Thumb up 8 Thumb down 4

  6. willieslo says:

    Enough of this BS, BS BS BS
    Certain people need medical pot
    They should just “administratively permit” these individals grow their own medical pot and leave them alone

    Like or Dislike: Thumb up 6 Thumb down 6

  7. danika says:

    We have a lot more serious issues to spend our tax money on:

    http://news.yahoo.com/virtual-terrorism-al-qaeda-video-calls-electronic-jihad-214355054.html

    Put it in perspective.

    Like or Dislike: Thumb up 6 Thumb down 3

  8. Maxfusion says:

    More good news for followers of The Great Leader in Washington. Don’t disappoint The Great Leader.

    Like or Dislike: Thumb up 12 Thumb down 6

  9. BeenThereDoneThat says:

    I can’t believe in tight times like these, we waste what resourses we having chasing pot users. Did the same during prohibition in the 20’s with that evil called alchol. Yea that worked out well. We heard the same about all the evils then. Well it became legal again and didn’t lead to the downfall of western civilization like some thought. Same here.

    Like or Dislike: Thumb up 25 Thumb down 7

    • hotdog says:

      So right on. And even in good times the only reason to keep on with this idiotic war on drugs is because of all the money LE, prisons and the so called judicial system make off it. Making money off the suffering of others would be illegal in a just society, but not ours.
      We could be making money from taxes, savings in prisons and law enforcement-but NO, we have to keep throwing our people in jail, creating a climate of fear and murder in Mexico and even deny our seriously ill the benefits of this medicine. Boggles the mind, and shakes the confidence I used to have in our Pres.

      Like or Dislike: Thumb up 11 Thumb down 5

    • Spirit Filled says:

      Unlike pot that is not a killer, alcohol has killed many innocent unsuspecting people. If you haven’t tried pot, put your booze down and try it. You will be very surprised at how relaxed you become. Also helps to alleviate back pain. (my case)

      If you don’t want to smoke it, have some in a cookie or piece of fudge or whatever. Takes your anger about life away. Puts thoughts and pressing ideas in perspective. Your IQ will not lower much. Just enough to help you relax. You won’t think you are the center of the universe anymore. At least you won’t have to try to prove it to anyone.

      Sorry this is waaaay too complicated for me. Thank you Lord for another day.

      Like or Dislike: Thumb up 2 Thumb down 1

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