Patients, advocates and everyone else has been holding their collective breaths this last week awaiting the issuance by the 4th District Court of Appeals of their ruling on the case of Qualified Patients vs. City of Anaheim on whether cities and counties can ban collectives under their zoning ordinances.
No ruling was issued and you better stop holding your breath because it could take up to another five weeks before the ruling is issued.
The delay results from the fact that although the court ordered all new briefs to be submitted by the end of the January, one of the parties (I don't know who) requested a 30 day delay for their submission. The delay was granted. The court has 90 days to issue its ruling. As a consequence of the delay being granted, the 90 day countdown period did not begin at the end of January when the submissions were originally due, but began sometime in the first week of March.
As a consequence the ruling is not due until the first week of June. Although the court can
certainly issue its ruling in less than 90 days, I would not advise anyone to start holding
their breath again until near the end of May. This is truly unfortunate as San Bernardino County will no doubt interpret this as more time to keep arresting and prosecuting patients and providers.
Lanny Swerdlow, Director Marijuana ANti Prohibition Project
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