REACTION TO THE KELLY DECISION: J. DAVID NICK, ATTORNEY

Ukiah attorneys J. David Nick and E.D. Lerman are representing five
marijuana patients who are suing Mendocino County, claiming its
marijuana cultivation ordinance is unconstitutional.

"The Kelly decision makes it clear that any legislation which burdens
the protections afforded by the laws created by voters, ergo as an
extension of logic, laws created by Sacramento, are not lawful," Nick
said.

"Voter-enacted legislation cannot be contradicted by legislation;
that's a form of pre-emption. Legislation enacted statewide cannot be
burdened by local ordinances.

"This case (Kelly) makes it fairly evident that this is strictly a
matter of statewide concern. Whatever shortfalls municipalities may
believe the state scheme may have, it's not lawful to remedy that
problem on a local level. That's clearly a message the Kelly decision
has sent."

Nick said the county's marijuana cultivation ordinance sets
restrictions on growing that go beyond the restrictions in the Medical
Marijuana Program Act, and makes criminals out of violators.

"It's pretty straightforward that if something is declared to be
legal, you can't go locality by locality and outlaw it again. Then,
you would have a crazy quilt of ordinances on the subject, which would
be in direct contradiction to the express purpose that the Legislature
wrote into the Medical Marijuana Program Act, which is to ensure the
uniform application of law throughout the counties of
California."

Nick said the Kelly decision impacts the lawsuit, but the bigger
impact will come from an appellate court ruling on a lawsuit against
the city of Anaheim over its marijuana regulations.

He said the biggest question in the five local marijuana patients'
lawsuit is whether Mendocino County's marijuana growing regulations
preempt state law, an issue at the center of the case against the city
of Anaheim.