WOMAN FILES REQUEST FOR PREFERENCE TO SPEED UP MEDICAL MARIJUANA LAWSUIT

On behalf of Malinda Traudt - the severely ill 29-year-old San
Clemente woman who, on May 18, filed a lawsuit alleging that the
city's attempt to shut down the Beach Cities Collective, where her
mother obtains her medical marijuana is unconstitutional - attorney
Jeff Schwartz, on May 24, requested that the court speed up
proceedings saying that his client may not live long enough to see
the case through on a customary time frame. Schwartz's request was
accompanied with a letter from Traudt's physician Beverly
Hendrickson. Stating that due to Traudt's deteriorating condition
the doctor could not be certain that her patient will survive longer
than six months.

According to Schwartz, Traudt was born with cerebral palsy, epilepsy,
blindness and severe cognitive delays. Wheelchair bound for her
entire life, she also developed painful osteoporosis, which when
treated with marijuana, becomes manageable.

In response to Schwartz's request City Attorney Patrick Munoz, also
on May 24, filed an Opposition to Plaintiff's Ex Parte Motion for
Preference asking that Schwartz's request be denied.

The city's response, in part, states that, "Without even debating the
relevant facts and law, the Complaint fails to explain how it is that
she is denied access to medical marijuana. There currently exists a
plethora of such businesses (regardless as to whether they are
legally operating) within Southern California, including specifically
the City of Laguna Woods which openly permits them to exist. In
addition, under existing California Law, Plaintiff may (without fear
of prosecution under California law related to possession of
marijuana) grow medical marijuana for her own use, or purchase it
from a 'primary care giver' or a lawfully operating collective or
cooperative of which she is a member. Plaintiff seemingly argues in
her complaint that medical marijuana is the equivalent of
traditional medication available in a pharmacy; and, that persons
have some sort of constitutional right to have a pharmacy located
within wheelchair/walking/or some other "conve! nient" distance of
their homes. Obviously, that is not the case."

According to Munoz, the city has nothing but compassion for Miss
Traudt and wishes her all the best, however the city believes the
lawsuit is frivolous as there is no constitutional right to have
access to medical marijuana within wheelchair distance of one's property.

"Nobody has the right to have a pharmacy or a grocery store or a gas
station, or any other service within any particular distance of their
property," said Munoz. "With respect to medical marijuana itself, the
case law is still emerging, but the cases that have been decided
make it very clear that cities have the authority to determine,
through zoning power, what uses to permit or not permit. And, to the
degree that Traudt needs medical marijuana, she's free to grow it
herself under the Compassionate Use Act and it wouldn't be considered
criminal, or she can go to a lawfully operating cooperative and
become a member to obtain her marijuana."

He went on to say that it is the city's understanding, based on the
utter failure of Beach Cities Collective and the other two
collectives still operating in Dana Point, to provide proof that they
are anything more than criminal enterprises. The mere fact that they
say that they are operating under the auspices of Proposition 215
and the Medical Marijuana Program Act and the Attorney General's
guidelines isn't enough he said.. They have the burden of proof to
demonstrate that they in fact are and the city has given them more
than ample opportunity to demonstrate that. "At this point in time
we'd be naA/ve to think that they are anything other than criminal
enterprises and if nothing else they are violating our zoning
ordinances," said Munoz.

Schwartz disagrees with the city's position referring to Traudt as
"the face of the seriously ill person that the voters envisioned when
voting to make medical marijuana legally available to people who need
it" and vehemently contends that the city's effort to close down
dispensaries interferes with her rights by "denying her access to her
necessary medication."

Superior Court Judge Tam Nomoto Schumann granted Schwartz's request
to expedite proceedings.

A trial date was set by Judge Schumann for September 20, 2010.