LONG BEACH POT LAW GETS LEGAL SETBACK

COURTS:Judge must determine if city can regulate a federally illegal
drug.

The future of Long Beach's medical marijuana regulations - and
potentially of medical marijuana throughout the state - is in question
after an appeals court ruling Wednesday.

The 2nd District Court of Appeals ruled that a Los Angeles County
Superior Court judge must reexamine his decision Nov. 2 upholding Long
Beach's new medical marijuana ordinance.

At issue is whether Long Beach's issuance of permits for medical
marijuana collectives is a violation of federal law, which considers
marijuana an illegal drug. That is exactly what the plaintiffs,
medical marijuana patients Ryan Pack and Anthony Gayle, argue in their
lawsuit.

The appeals court ruled that the lower court didn't fully address the
matter.

"The issue of federal preemption was raised but not considered in the
trial court," the appeals court says in its order. "This court
believes that this is an important unresolved question that should be
addressed."

Long Beach's law requires collectives to meet a range of requirements
before they can be given a permit to operate. Among other things, the
ordinance prohibits collectives from locating in residential zones,
near schools or near each other, and it requires that the marijuana be
grown within the city limits.

The appeals courts decision to stay the lower court's ruling doesn't
have an immediate impact on the enforcement or enactment of Long
Beach's law.

Matthew Pappas, the attorney for the plaintiffs, couldn't be reached
for comment Wednesday, but City Attorney Bob Shannon didn't seem to
consider the appeals court decision a loss.

"I am frankly relieved a court is finally addressing the elephant in
the room - the elephant in the room being the impact that federal law
has on state law," Shannon said.

Under a 1996 voter-approved proposition, California allows the use of
marijuana for medicinal purposes if recommended by a doctor. Advocates
say that cities and counties must provide patients with reasonable
access to the drug, which is used by cancer patients, AIDS patients,
those with chronic pain and others.

If the Los Angeles County court rules that Long Beach's ordinance
violates federal laws, Long Beach would likely have to repeal or
rewrite its ordinance.

The ruling could set a precedent for similar cases around the state,
or if appealed, it could eventually work its way up to the state
Supreme Court. Any decision there could have far-reaching effects on
California's medical marijuana laws, possibly reinterpreting what
state or local governments

"It's a bigger issue than just simply Long Beach's ordinance," Shannon
said.

That, he said, is why it seems strange that medical marijuana
advocates would use such a tactic in fighting Long Beach's
regulations. The city is fighting five other legal challenges of the
ordinance as well, but none of them uses federal preemption.

"Even if you accept the argument that there is preemption, how does it
benefit medical marijuana advocates? It doesn't," Shannon said.

Long Beach is one of many California cities that have attempted to
regulate or outright ban medical marijuana in recent years as the
number of collectives and dispensaries has skyrocketed.

Almost daily, it seems, there are new developments in marijuana laws
around the state.

On Tuesday, the County Board of Supervisors voted to create a ban on
medical marijuana outlets in unincorporated areas of the city.

Last week, the Long Beach council voted to rework its ordinance to
make it more restrictive by implementing new rules, such as
prohibiting collectives near parks. The move, which came after months
of debate over the initial version of the law but before permits had
been issued, sparked an outcry from the local medical marijuana community.