Earlier today a Federal Judge dismissed a lawsuit by three Orange County, California residents who contended that a total ban on marijuana dispensaries in certain cities in Orange County violated the American’s With Disabilities Act. Federal District Court Judge Andrew Guilford indicated that marijuana cannot be prescribed under the ADA, thus, the Act did not apply to marijuana. As such, the parties bringing the action were not likely to win at trial and the case was dismissed.
It seems to me that an argument under the Equal Protection Clause might have been more successful. For example, it would likely be found unfair if a city refused to allow someone to sell medical marijuana, yet allowed another person was allowed to sell Vicodin or Valium at a traditional pharmacy, and yet another person to sell alcohol and tobacco products at a liquor store.
Should you have questions about medical marijuana in your city, feel free to contact my office at your convenience (818) 783-5700 or firstname.lastname@example.org.