Long Beach v. Pack Dead As Valid Case Law

Long Beach v. Pack Dead As Valid Case Law

Marijuana is the finest anti-nausea medication known to science, and our leaders have lied about this consistently. Arresting people for medical marijuana is the most hideous example of government interference in the private lives of individuals. It’s an outrage within an outrage within an outrage. …Peter McWilliams

Many within the medical marijuana community were overjoyed to hear of the announcement from the California Supreme Court, dismissing the case of Long Beach v. Pack. This specific case stemming from 2012, was often cited by many city municipalities which opposed medical marijuana collectives in their community.

In the initial appellate court ruling, that the California Supreme Court dismissed; they cited that a restrictive marijuana permitting process for the Long Beach collectives was in essence illegal. Once that ruling came down, it was cited as case law and other municipalities followed suit.

As a handful of California marijuana initiatives make their way towards the November ballot, several of them include language which may make them vulnerable and unable to withstand legal challenge. Three of the California initiatives are Proposition T (in Lemon Grove) Proposition W (in Solana Beach) and Proposition H (in Del Mar).

As it currently stands – with the most recent dismissal of the pack v. Long Beach decision, this decision has been removed from the books, and can no longer be cited as valid case law. So the next time a local disability decides that they would like to try and ban a collective they will no longer be able to dig through the case law and site this decision as a means of helping to ban more lawful marijuana collectives; nor can the local municipalities conclude that by regulation of these collectives will they be violating federal law.