James, et al. v. The City of Costa Mesa, et al., No. 10-55769 (9th Cir. 2012)
Annotate this CasePlaintiffs, severely disabled California residents, alleged that conventional medical services, drugs, and medications have not alleviated the pain caused by their impairments. Therefore, each plaintiff has obtained a recommendation from a medical doctor to use marijuana to treat her pain. Plaintiffs obtained medical marijuana through collectives located in Costa Mesa and Lake Forest, California. These cities, however, have taken steps to close marijuana dispensing facilities operating within their boundaries. Plaintiffs brought an action in federal district court, alleging that the cities' actions violated Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. The court held that Congress has made clear that the ADA defined "illegal drug use" by reference to federal, rather than state law, and federal law did not authorize plaintiffs medical marijuana use. Therefore, the court concluded that plaintiffs' medical marijuana use was not protected by the ADA.
The court issued a subsequent related opinion or order on November 1, 2012.
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