California judge throws out blind woman's case to keep medical marijuana dispensary open

From the Orange County Register:

SANTA ANA, Calif. – A judge issued a tentative ruling July 12 tossing out a blind woman's case against Dana Point in which she sought to prevent the city from closing a medical marijuana dispensary that her family says is her lifeline.

Malinda Traudt (pictured), 29, of San Clemente, who was born with cerebral palsy, epilepsy and blindness, sued Dana Point in May to keep open the dispensary from which her family obtains marijuana to manage her pain.

In her suit, Traudt claimed the city's ban unconstitutionally interferes with her fundamental rights to life and safety, under the California Constitution.

In her tentative ruling, posted on the court's website, Orange County Superior Court Judge Nomoto Schumann cited cases and said that:

•There is no constitutional right to obtain medical marijuana.

•The Compassionate Use Act and the Medical Marijuana Program Act do not preempt the city's ability to regulate or ban medical marijuana collectives or dispensaries.

•There is no authority that a patient has a fundamental constitutional right to obtain any particular controlled substance.

Schumann could firm up her ruling on Tuesday, when a court hearing in the matter is scheduled.

"I had hoped for better, but this is what I expected," said Traudt's attorney Jeff Schwartz, adding he has already prepared an appeal and expects to file it later this week.

Dana Point officials did not respond to a request for comment.

The city had filed a motion seeking to end the case, saying Traudt's suit lacked sufficient facts for legal action.

The dispensary in question, Beach Cities Collective, remains open while the city's suit against the dispensary continues.

Earlier this year, Dana Point sued the collective and other medical marijuana dispensaries in town to close them down, saying they are operating illegally because the establishments are not permitted under the city's municipal code.