The Tragic Tale: TRAUDT v. CITY OF DANA POINT Summary and Issue

Can an individual bring suit against a local government in an attempt to keep a local Medical Marijuana dispensary open?

The unbelievably sad facts leading up to Melinda Traudt’s futile attempts to prevent a nearby dispensary from being shut down by the city are well detailed elsewhere.  The court in this case completely sidestepped the issue of  a patients right to access Medicinal Marijuana locally.  The entire decision by the appellate court was based on Standing, which is the legal concept where one must satisfy certain criteria to be able Patient rights and Medicinal Marijuana Lawto bring suit.  The court ruled that only owners of the collective have proper standing to bring a lawsuit seeking to, essentially, enforce the rights of Californians to obtain their prescribed Marijuana. Kind of a cop out by the court.

Hopefully, the reason the Supreme court has taken the Traudt case and underlying  issue under consideration is to impliment some standards of reason and consistency in keeping avenues of access open for Medicinal Marijuna Patients everywhere in California.

-Sean Ramsey, Attorney
February, 2012 

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