STATE SUPREME COURT GRANTS REVIEW OF LB MEDICINAL POT CASE

Long Beach: State's High Court to Scrutinize Rules on Collectives.

LONG BEACH - In a decision that pits California's medicinal marijuana
law against a federal ban on the drug, the state Supreme Court on
Wednesday agreed to review an appeal over Long Beach's rules
regulating cannabis collectives.

The 2nd District Court of Appeal had struck down the city's law for
issuing permits to dispensaries, finding it violated a federal
statute forbidding the sale and distribution of the drug.

The city, seeking clarification on its powers to control collectives,
will now receive a review of the decision. The Supreme Court justices
also voted 7-0 to deny an application to stop the city from enacting
a proposed ban on the medical pot industry.

California has allowed limited use of marijuana as medicine since
1996. The Long Beach case is considered a precedent-setting challenge
to the conflict with federal law.

Following the appeals court decision delivered in October, City
Attorney Robert Shannon recommended that the City Council repeal the
law and enact a ban on dispensaries.

Shannon was pleased the high court agreed to hear the case.

"It's going to try to reconcile state law with federal law," Shannon
said, "which is not an easy thing to do."

He estimated the matter would take at least 14 months to decide due
to the controversial subject.

Like Long Beach officials, medical marijuana advocates sought review
of the case - but to save local operations from a citywide interdiction.

They have argued vociferously against a prospective ban, urging
officials to amend the law instead.

Carl Kemp, a lobbyist who represents Long Beach collectives, said his
clients feel "vindicated" by the court's action.

"The fact that they've taken the case is proof that there is
something to discuss here," Kemp said.

On Tuesday, the council postponed a decision on the ban for a second
time in two months due to the absence of a member.

The issue is scheduled to be heard Feb. 14.