Appeals Court Issues “Spliff Decision” on Anaheim’s Dispensary Ban

A California appeals court issued a ruling yesterday in the lawsuit against the city of Anaheim’s three-year old ban on medical marijuana dispensaries. The decision was highly anticipated as it was expected to set a precedence once and for all as to whether cities have the right to disallow cannabis collectives to operate in spite of the passage of Proposition 215. The 4th District Court of Appeals returned a mixed bag on Wednesday sending the case back to a lower court for more hearings while declining to state whether or not California’s medical marijuana laws prevent city ordinances like those imposed in Anaheim and Santa Ana.

The silver lining in yesterday’s decision is that the appeals court did side with medical cannabis advocates in stating that it did not believe that the federal Controlled Substances Act took precedence over Prop 215 thus making dispensaries illegal. The argument had formed a basis for Anaheim’s ban. The significance of the opinion lies in the fact that cities and counties will no longer be able to carry out their ‘half-baked’ ordinances on the grounds of such a notion! City attorneys and the city council of Anaheim will soon meet to discuss what comes next after the appeals court ruling.

Meanwhile, dispensaries in the city continue to operate and advertise their services openly. While Mayor Pringle, Pro Tem Sidhu and the rest of the clowncil consider what to do, medical marijuana patients can get their medicated smoothie “ganja juice” on in Anaheim if they are so inclined. And if the fear of raids oppresses, what’s to stop anyone in the city from seeking their meds by taking a short drive to Long Beach? Taking a look at the reality on the ground: the appeals court rejected Anaheim’s contention (marijuana’s federal classification as a schedule 1 drug is a joke), people can obtain their medical marijuana elsewhere and dispensaries are in the city doing business anyway.

C’mon Sidhu, take a hit! Prohibition is stupid!

About Gabriel San Roman