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: Legal Pad | LA

Dismissal expected in Dana Point med-marijuana suit

By Richard Binder

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Orange County Superior Court Judge Nomoto Schumann has issued a tentative ruling that dismisses Malinda Traudt's case against Dana Point in which she sued to keep the medical marijuana dispensary Beach Cities Collective open. Traudt's family purchases the drug from the collective to help manage her pain from cerebral palsy.

In her ruling, Schumann stated that a patient does not have a fundamental constitutional right to obtain any controlled substance, and the Compassionate Use Act and the Medical Marijuana Program Act do not preempt the city's ability to ban collectives and dispensaries.

Traudt's attorney Jeff Schwartz says he expected this ruling and is preparing an appeal. Schumann's official ruling is expected today.

Full story at OCRegister.com.

Full post as published by Legal Pad | LA on July 13, 2010 (boomark / email).

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