There are a number of recent California cases in which the Courts have attempted to interpret California’s Compassionate Use Act, California’s Medical Marijuana Program Act, and the relationship between these and the Federal Government’s Controlled Substance Act. Some are as follows:
City of Lake Forrest v. Evergreen Holistic Collective (2012) – California cities cannot ban medical marijuana collectives so long as they cultivate cannabis at the same location.
Gonzales v. Raich (2005) – a United States Supreme Court ruling which states that Congress may criminalize the possession and distribution of medical marijuana, regardless of specific state laws allowing the use, cultivation, and distribution of medical marijuana.
Pack v. Superior Court (City of Long Beach) (2011) – Local medical marijuana ordinance that regulates the establishment and operation of medical marijuana collectives within the City of Long Beach is preempted by the federal Controlled Substances Act. Currently under review by the California Supreme Court.
City of Garden Grove v. Superior Ct. (2007) – California law requiring the return of marijuana to a qualified user whose possession of marijuana under California law does not interfere with criminalization of marijuana under the federal Controlled Substance Act.
County of San Diego v. San Diego Norml (2008) – Stating Congress only intended to preempt only those state laws which are in positive conflict with the federal Controlled Substances Act, and that the MMPA identification cards remain available.
Qualified Patient’s Ass’n v. City of Anaheim (2010) – Stating federal law does not preempt California’s Compassionate Use Act of the MMPA unless there is a “positive conflict” between the laws.
People v. Kelly (2010) – Identification cards issued under the MMPA provide greater protections from criminal sanctions than the Compassionate Use Act alone.
Emerald Steel Fabricators, Inc. v. Bureau f Labor and Industries (2010) – requiring private employer’s to accomodate an employee’s use of medical marijuana.
City of Riverside v. Inland Empire’s Patient’s Health and Wellness Center (2011) – ruling cities are permitted to use zoning regulations to prohibit and/or limit medical marijuana dispensaries.