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PACK v. SUPERIOR COURT

No. B228781.

199 Cal.App.4th 1070 (2011)

RYAN PACK et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CITY OF LONG BEACH, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

October 4, 2011.

Attorney(s) appearing for the Case

Matthew S. Pappas for Petitioners.

Scott Michelman , Michael T. Risher , M. Allen Hopper ; Peter Bibring ; and David Blair-Loy for American Civil Liberties Union, ACLU of Northern California, ACLU of Southern California and ACLU of San Diego and Imperial Counties as Amici Curiae on behalf of Petitioners.

Daniel Abrahamson , Theshia Naidoo and Tamar Todd for Drug Policy Alliance as Amicus Curiae on behalf of Petitioners.

Joseph D. Elford for Americans for Safe Access as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Robert E. Shannon , City Attorney, Monte H. Machit , Principal Deputy City Attorney, Theodore B. Zinger and Cristyl A. Meyers , Deputy City Attorneys, for Real Party in Interest.

Carmen A. Trutanich , City Attorney (Los Angeles), Carlos De La Guerra , Assistant City Attorney, and Heather Aubry , Deputy City Attorney, for City of Los Angeles as Amicus Curiae on behalf of Real Party in Interest.

William James Murphy , County Counsel (Tehama), and Arthur J. Wylene , Assistant County Counsel, for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Real Party in Interest.

OPINION

CROSKEY, J.—

Federal law prohibits the possession and distribution of marijuana (21 U.S.C. §§812, 841(a)(1), 844); there is no exception for medical marijuana. (United States v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483, 490 [149 L.Ed.2d 722, 121 S.Ct. 1711].) Although California criminalizes the possession and cultivation of marijuana generally (Health & Saf...

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