Ninth Circuit Rejects New Hearing on Whether Medical Marijuana is Protected by the ADA

Categories: Medical Weed

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Image: New Times

The U.S. Ninth Circuit Court of Appeals has rejected a petition to re-hear arguments that medical marijuana is protected by the Americans with Disabilities Act.

In a split decision in May, a three-judge panel of the usually liberal court shot down the idea that the ADA allows sick or disabled people to use medical weed. The case, James v. the City of Costa Mesa, came about because of an amendment to California's medical-pot law that allows cities to set their own rules on dispensaries. Costa Mesa was among the cities that banned all marijuana dispensaries, and several "gravely ill" patients banded together for the lawsuit.

Following their loss, on June 4 the patients and their lawyers requested a re-hearing before an 11-judge "en banc" panel of the court.

In today's ruling, two of three judges (Harry Pregerson and Raymond C. Fisher) ruled against a re-hearing, so it won't take place. Judge Marsha S. Berzon ruled in favor of the re-hearing.

"No further petitions for rehearing will be considered," the amended opinion states.

The original ruling and today's decision are blows to advocates of medical marijuana. However, pot supporters can see hope on the horizon: Voters in Colorado and Washington poised to legalize marijuana outright.

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My Voice Nation Help

I believe Medical Marihuana is actual medicine. You do not need to roll a "BLUNT" looking like King Kong's finger. It's medicine. Use it properly. But oh why.


I remember all this talk from fighting national helmet laws,i'ts a uphill battle,but winable.

most people are responsible for their actions,and would benefit from legalization BUT!!

the govt makes way to much money,not like the thirties,when they couldnt take your house over a joint.

our only hope is the re-election of Obama!

as a lame duck,he can bone all those govt agencies that target people that want to smoke instead of drink.


This is where the Court has made a wrong argument as the ADA has implemented new Laws regarding Aids/HIV Patients and there Caregivers which keeps them from being discriminated against.. Having there lives hindered and being made to suffer from wasting away disease should be brought to the forefront of this argument!! Medical Marijuana is the only thing that helps them and by allowing there Caregivers to be prosecuted and by hindering them from getting there much needed Medicine is totally against these Laws by the ADA!!


I am just saying.. No one persons sickness is greater then the others and no one should be made to suffer or be kept from getting a Medicine that helps them............

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