The ink isn’t even dry on the recent historic legislation to regulate California’s medical marijuana market two decades after its inception, but a lawsuit has already been filed. California’s Medical Marijuana Regulation and Safety Act (MMRSA) is welcomed by almost everyone, but, just weeks after Governor Jerry Brown signed the legislation into law, Dave Armstrong, who operates a collective in Santa Clara County, has filed suit in the county’s Superior Court.
Alison Marbury of Canna Law Group derides the litigation on several fronts. First, the new rules help the state comply better with the Cole Memorandum. Second, she suggests that the plaintiff is incorrect that the voter initiative from 1996 prevents the creation of a regulatory framework. Finally, she criticizes the plaintiff’s allegation that the new rules are preempted by federal law.
Read Alison Marbury’s “California’s New Medical Marijuana Legislation: Cue the Bad Lawsuits”: http://www.cannalawblog.com/californias-new-medical-marijuana-legislation-cue-the-bad-lawsuits/
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