O.C. Pot Shops Facing Closure Appeal Case To Federal 9th Circuit Court
A quartet of Orange County pot shops have appealed their case, which seeks to avoid closure at the hands of the cities of Costa Mesa and Lake Forest, to the federal 9th Circuit court, the Daily Pilot reports.
The appeal comes after a U.S. judge denied the plaintiffs' case earlier this month, stating that federal law fails to recognize legal medicinal uses for marijuana and, as such, local cities have the right to restrict pot shops, even in a state where they are legal. The ruling could set a precedent for cities such as Los Angeles, which recently passed an ordinance that would outlaw most marijuana outlets in the city.
The O.C. plaintiffs' attorney, however, argues that congressional support for the legalization of medical marijuana in Washington, D.C. adds a new dimension the case. The lawyer also argues that patients with disabilities have a federal right to access their medicine.
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