Four fight for pot clinics

Four medical marijuana users who argue that bans on pot clinics in Costa Mesa and Lake Forest violate the Americans with Disabilities Act took their case Friday to the U.S. 9th Circuit Court of Appeals.

Matthew Pappas, the Mission Viejo attorney representing the users, said he believes the case could succeed this time because of a 2009 congressional decision to lift a longtime ban on medical marijuana in Washington, D.C. Based on Congress’ decision, Pappas argues, patients in California should enjoy the same right under the equal protection clause in the 5th Amendment.

“What’s important is Congress has allowed this in Washington, D.C.,” Pappas said. “People in Washington don’t have to worry about whether or not they can access, use or distribute marijuana within reasonable regulations set up by Washington. Now, why is it that people in California have to worry about that?”

Pappas also argues that according to the disabilities act, disabled people have the right to use marijuana for medical reasons if authorized and supervised by a health-care professional.

“We’re doing everything that we can for the patients, and that’s what’s really important, is the patients,” said Marla James, one of the four patients represented by Pappas. “And it’s for someone like me, who lives in an apartment, to be able to access my medicine through legal avenues rather than buying it in a back alley from a cartel member.”

U.S. District Court Judge Andrew Guilford in April rejected Pappas’ argument that the cities’ policies against dispensaries conflict with the plaintiffs’ rights to access public services, saying that the federal law does not allow patients to use marijuana, an illegal drug under federal guidelines.

But Congress’ 2009 decision has opened the door for new legal arguments, Pappas said.

Congress lifted a 1998 ban on medical marijuana in Washington, D.C., making it legal for dispensaries to operate for medical patients. As a result, the district recently enacted a law allowing dispensaries to operate within its jurisdiction.

James, who uses marijuana for pain from nerve damage from surgery to remove her lower abdomen, said she believes they will win the appeal.

“The way Matt will be arguing this with the 9th Circuit hasn’t been done before,” she said.

In 1996, California voters passed the Compassionate Use Act, making the use and cultivation of marijuana legal for those battling chronic diseases, cancer and other serious illnesses.

Since then, permitting or banning marijuana dispensaries throughout California has rested with city governments. Some cities, such as Los Angeles and San Francisco, have allowed the dispensaries to operate, while others, such as Costa Mesa and Lake Forest, have forbidden them.

Nevertheless, clinics in Costa Mesa and Lake Forest continue to operate.

Since February, Costa Mesa has been enforcing its 2005 law by going after marijuana dispensaries operating in the city.

In some cases, police made arrests for sales and possessions, and in others, 48-hour cease-and-desist orders were issued.