American for Safe Access: “The California Supreme Court dismissed review yesterday [August 23, 2012] of an important appellate court ruling affecting medical marijuana dispensaries throughout the state. Specifically, the High Court threw out the controversial decision in Pack v. City of Long Beach, which previously held that federal law preempted some forms of dispensary regulations. The Pack decision has been used by several municipalities, including Los Angeles and Long Beach, to suspend or ban outright the distribution of medical marijuana. However, yesterday’s dismissal of the Pack decision throws into question the viability of such bans.
For more about this case read “Attorney For Patients In Pack Vs. Long Beach Speaks Out” and “After High Court punts, pot regs back on table: Supreme Court decision vacates controversial ruling.”
Maricopa County Attorney Bill Montgomery cited Pack vs. Superior Court (aka Pack vs. City of Long Beach) in his Motion for Summary Judgement in White Mountain Health Center, Inc., vs County of Maricopa. He cited the case to support his claim that Arizona’s medical marijuana law is preempted by federal law, but the case no longer stands for that legal conclusion.
