Grunion Gazette - Long Beach

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California Supreme Court Takes City's Medical Marijuana Case

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Posted: Wednesday, January 18, 2012 3:59 pm

Long Beach's medical marijuana ordinance will go before the California Supreme Court - which may eventually bring legal clarity to how cities are able to regulate the issue.

The California Supreme Court announced today (Wednesday) that it will grant Long Beach's petition for review in the case Pack v. City of Long Beach. An appeals court had struck down different parts of Long Beach's 5.87 ordinance that sought to regulate medical marijuana collectives - including rules for a lottery and permitting system - late last year.

According to City Attorney Robert Shannon, the California Supreme Court also denied the petitioner's emergency application for a temporary order prohibiting enactment and/or enforcement of a collective ban. Pack's attorney Matthew Pappas had filed that motion in an attempt to bar the City Council from considering or enacting a ban while the court system attempted to sort through the issue.

Shannon said during Tuesday's City Council meeting that the timeline if the California Supreme Court took the case would be about nine months or a year before a final ruling. He urged the City Council to enact a ban because the city currently has no law to regulate medical marijuana collectives.

The City Council delayed its vote on a potential ban until its Feb. 14 meeting.