A California Appellate Court ruled last week that a patient who relies on medical marijuana for pain management does not have standing to challenge a city’s decision to close a medical marijuana dispensary.

Plaintiff Malinda Traudt filed suit to obtain a court declaration that Dana Point (City) zoning ordinances that did not expressly recognize California medical marijuana dispensaries as permitted uses constituted a zoning ban on dispensaries and that state law, specifically the Compassionate Use Act and the Medical Marijuana Program Act, preempts cities from adopting zoning bans on dispensaries.

In her complaint, Traudt describes herself as a last-resort patient. She is blind and suffers from cerebral palsy, epilepsy, and acute cognitive delays. She developed osteoporosis in her 20s, which caused her bones to disintegrate, resulting in chronic and intolerable pain.

In a last-ditch effort to keep Malinda alive while managing her pain, Shelly and Traudt’s pain specialist agreed to try replacing Traudt’s pain medication with medical marijuana. According to Traudt’s complaint, Traudt’s symptoms subsided almost immediately, and within three days, she began to recover. Shelly ultimately chose to obtain Traudt’s medical marijuana at the Beach Cities Collective because it was a 15-minute walk from her home; Shelly cannot leave Traudt unattended.

In 2010, the city filed a nuisance abatement action seeking to shut down the Beach Cities Collective for zoning violations. Approximately one week later, Traudt filed this action, alleging the City was “attempting to close all of the collectives in Dana Point,” including Beach Cities.

The trial court dismissed the case, citing Traudt’s lack of standing. Traudt appealed.

The appellate court was sympathetic to Traudt’s case, describing it as “perhaps the most compelling case imaginable for individual standing.” Sympathy, however, was not enough to help Traudt win her case.

In 2009, there were six medical marijuana dispensaries in Dana Point. Now, all of the dispensaries have closed or relocated, according to MSNBC. Did the city’s zoning crackdown unlawfully deprive local patients access to California medical marijuana dispensaries?

Related Resources:

  • Traudt v. City of Dana Point (California Courts)
  • Puff Peace? O. C. Judge OKs Anaheim Pot Dispensary Ban (FindLaw’s California Case Law blog)
  • Sheriff Seeks Opinion on Gun Permits for Medical Pot Users (FindLaw’s Supreme Court blog)
  • How did Dana Point pull off $7M in marijuana winnings? (OC Register)

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