Now that an Orange County Superior Court judgment has been formally entered tossing out the lawsuit that claims the city of Dana Point's medical marijuana dispensary ban unconstitutionally interferes with Malinda Traudt's fundamental rights to life and safety under the California Constitution, the 29-year-old blind woman's appeal can proceed.
That what Traudt's attorney tells reporter Vik Jolly of the Orange County Register, who has been all over the case like a spider mite on a pot plant.
Attorney Jeff Schwartz confirms the case is now headed to
the 4th District Court of Appeal in Santa Ana.
The same court prevented Dana Point from closing Beach Cities Collective, the Capistrano Beach dispensary that Traudt's family
claims is her lifeline.
She was born with cerebral palsy,
epilepsy and blindness.
Traudt sued Dana Point in May to keep open the
dispensary from which her family obtains marijuana to manage her pain.
Orange County Superior Court Judge Nomoto Schumann tossed the suit in June.
She ruled there is no constitutional right to obtain medical marijuana and that Prop 215, the state's landmark Compassionate Use Act of 1996 and the Medical Marijuana Program Act do
not preempt Dana Point's ability to regulate or ban medical marijuana
collectives or dispensaries.
Schumman further ruled is no authority that a patient has a fundamental constitutional right to obtain any particular controlled substance.
Patients can legally use marijuana with permission from doctors under state law, but federal law still forbids marijuana possession in
most cases, which officials and lawyers say creates conflicts.
Conflicts that continue to clog up Cali courts.