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JAMES v. CITY OF COSTA MESA

No. 10-55769.

684 F.3d 825 (2012)

Marla JAMES; Wayne Washington; James Armantrout; Charles Daniel Dejong, Plaintiffs-Appellants, v. CITY OF COSTA MESA, a city incorporated under the laws of the State of California; City of Lake Forest, a city incorporated under the laws of the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

May 21, 2012.

Attorney(s) appearing for the Case

Matthew Pappas , Law Office of Matthew Pappas, Mission Viejo, CA, for the appellants.

James R. Touchstone and Krista MacNevin Jee , Jones & Meyer, Fullerton, CA, for appellee City of Costa Mesa.

Jeffrey V. Dunn (argued), Daniel S. Roberts and Lee Ann Meyer , Best Best & Krieger LLP, Irvine, CA, for appellee City of Lake Forest.

Thomas E. Perez and Tony West , Assistant Attorneys General, and Mark L. Gross and Roscoe Jones, Jr. , Attorneys, Department of Justice, Washington, D.C., for the United States as amicus curiae.

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge BERZON.

OPINION

FISHER, Circuit Judge:

The plaintiffs are severely disabled California residents. They alleged that "[c]onventional medical services, drugs and medications" have not alleviated the pain caused by their impairments. Each of them has therefore "obtained a recommendation from a medical doctor" to use marijuana to treat her pain. This medical marijuana use is permissible under California law, see Cal. Health & Safety Code § 11362.5(d...

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