Shuttering Pot Shops Doesn't Violate Disabilities Act, Court Rules

Closing medical marijuana stores does not violate the federal Americans with Disabilities Act, ruled a three-judge panel of a federal appeals court Monday.

The U.S. 9th Circuit Court of Appeals upheld the denial of a request by four severely disabled California residents who use medical marijuana to stop the cities of Lake Forest and Costa Mesa from closing marijuana stores.

The court ruled that because federal law does not authorize marijuana use, regardless of purpose or recommendation, its use is not protected by the ADA.

A federal judge in April 2011 denied a preliminary injunction intended to prevent Lake Forest from shutting down marijuana stores. Monday's ruling by the 9th Circuit Court upholds that decision.

In the ruling, Judge Raymond Fisher acknowledged that the plaintiffs are "gravely ill" and that California has "embraced marijuana as an effective treatment for individuals like the plaintiffs who face debilitating pain."

However, the judged ruled that the ADA does not offer "protect against discrimination on the basis of marijuana use" because the drug remains illegal under federal law.

Read the full ruling here.

According to the Los Angeles Times, a lawyer for the plantiffs said they plan to seek review by a larger panel of judges.

In a statement Monday, Lake Forest City Manager Bob Dunek said that the ruling “further solidifies the City’s stance that there is no place for stores which violate federal narcotics laws and city zoning regulations in our community.”  

Lake Forest's fight to push marijuana dispensaries outside city limits got a boost from the . Since then, all of the marijuana stores in the city have .

"The Ninth Circuit took a careful look at the issue. Federal law prohibits marijuana use and the City's rules are consistent with federal law. No state, county or city can enact laws or ordinances that conflict with federal law," said Jeffrey V. Dunn, one of the attorneys that represented Lake Forest in the suit.