A Riverside, CA, attorney plans to take a novel approach to overturn San Bernardino County’s medical-marijuana ordinance. Letitia Pepper, attorney and director of Crusaders for Patients’ Rights, will argue the ban violates the California Environmental Quality Act, which more often is used to determine the environmental impact of a development.
The Board of Supervisors approved an ordinance in March 2011 to ban medical-marijuana dispensaries in unincorporated areas and to limit cultivation of marijuana by valid patients to indoors only. A lawsuit filed by Pepper challenging the county’s ban is scheduled for a hearing Friday at San Bernardino Superior Court.
“This is the first lawsuit under CEQA I’m aware of that’s been filed,” Pepper said. The lawsuit was filed shortly after the county adopted its ordinance.
“There’s no possible way anyone could see it not having an impact on the environment,” Pepper said of her lawsuit, which will show the county’s ordinance has had an impact on the physical environment. “People think about it in terms of cutting a forest down but the environment includes man-made environment,” Pepper said.
“If you can imagine the county adopting an ordinance where they banned all pharmacies … where people would look for a Rite Aid or Walgreens and they’re banned. That’s an impact on the physical environment. Instead of pharmacies, they’re getting rid of dispensaries. People have a right to use medical cannabis rather than prescription drugs. They have a choice.”
I think it’s nice to see that we can push back, too. Good luck, Counselor. Fuller telling of this story is here.
[image: Google images California]
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