Ord. 541 - City of Woodinville

Attachment A to Ordinance No. 541Planning Commission Public Hearing Staff Report - Exhibit 4Ogden Murphy Wallace Brief on Relevant California CasePack v. Superior Court, --- Cal.Rptr.3d ---- (2011) Case Law - Exhibit 4199 Cal.App.4th 1070, 11 Cal. Daily Op. Serv. 12,643, 2011 Daily Journal D.A.R.15,0286 Mandamus, L:=,Scope of Inquiry and Powers of CourtCourt of Appeal would not address medicalmarijuana collective members' argument thatcity ordinance prohibiting "cultivation,possession, distribution, exchange or givingaway" of medical marijuana except pursuant to apermit was preempted by state law, in members'petition for writ of mandate challenging trialcourt's denial of declaratory and injunctive reliefagainst city's closure of their dispensary, wheremembers did not make the preemption allegationin their complaint, the city represented that theordinance did not apply to prohibit personalcultivation and possession, and there was noevidence that it had been so applied. West'sAnn.Cal.Health & Safety Code §§ 11362.5,11362.775.10 Equity0-13e Who Comes Into Equity Must Come withClean HandsMedical marijuana collective members were notbarred by the doctrine of unclean hands fromarguing that the federal Controlled SubstancesAct (CSA) preempted city ordinance requiringpermits for medical marijuana collectives, evenif the members sought the ruling in order tocontinue to violate the federal CSA, sincemembers' hands were not unclean underCalifornia law, and precluding challenges byparties who intended to violate the federal CSAwould mean that no one would ever havestanding to raise the preemption argument.Comprehensive Drug Abuse Prevention andControl Act of 1970, § 708, 21 U.S.C.A. § 903.7 Controlled Substances,,..;:-.Medical NecessityCity ordinance prohibiting membership in morethan one medical marijuana collective "fullypermitted in accordance with this Chapter" didnot prohibit members from joining a newcollective after theirs was shut down due tononcompliance with the ordinance.11 States.,--Preemption in GeneralSupremacy Clause establishes a constitutionalchoice-of-law rule, makes federal lawparamount, and vests Congress with the powerto preempt state law. U.S.C.A. Const. Art. 6, cl.2.8 Evidence-Nature and Scope in GeneralIn reviewing denial of preliminary injunctionchallenging city ordinance requiring permits formedical marijuana collectives, Court of Appealwould take judicial notice of the fact that asearch using an Internet search engine revealedthat several medical marijuana dispensaries wereapparently operating in the city, although theirwebsites did not specifically indicate whetherthey were permitted,9 Municipal CorporationsLocal LegislationCharter city's ordinances relating to matterswhich are purely municipal affairs prevail overstate laws on the same subject.12 StatesState Police PowerThere is a presumption against federalpreemption in those areas traditionally regulatedby the states. U.S.C. A. Const. Art. 6, cl. 2.13 StatesState Police PowerRegulation of medical practices and statecriminal sanctions for drug possession arehistorically matters of state police power, forpurposes of the presumption against federalpreemption in areas traditionally regulated bythe states. U.S.C.A. Const. Art. 6, cl. 2.14 States