California’s New Cannabis Regulations Recently Signed into Law by Gov. Jerry Brown ‘Violate the Constitution,’ Says Dispensary Owner

[dropcap class=”kp-dropcap”]T[/dropcap]he Medical Marijuana Regulations and Safety Act violates the California Constitution, according to Dave Armstrong, the owner of MediMarts in San Jose. Governor Jerry Brown signed a package of regulations into law Oct. 7, 2015—clearly not everyone is happy about the new regulations, and some feel blindsided.

Oct. 21, Dave Armstrong filed a lawsuit against the State of California in the Santa Clara County Superior Court. Armstrong claims that the law makes an amendment to Proposition 215 without voter approval.

“The state cannot take this away from the people and make it the ‘Cash In On Our Use Act,” Armstrong told San Jose Inside. “When did ‘compassion’ turn into ‘compensation?”  Armstrong argues that since cannabis is still regulated as Schedule I by federal law, the Medical Marijuana Regulations and Safety Act is illegal anyways.

Armstrong has also sued the city of San Jose. “It’s a sad truth in this matter when one arm of the state tells you one thing and the other supports unlawful business activities,” said Armstrong.

Assemblyman Rob Bonta (D-Alameda), who helped author MMRSA doesn’t see the lawsuit as a real threat. “The Medical Marijuana Regulation and Safety Act was the product of thousands of hours of extensive drafting and was strictly vetted by the attorneys for the Legislature,” he said. “I am confident that the act will withstand judicial review.” The American Medical Marijuana Association (AMMA) plans to file a similar lawsuit.

The new regulations limit a patient’s garden to a 100-square foot canopy and doctor’s recommendations must be issued by family doctors. All of these new regulations go against Prop. 215, says AMMA. “Our medical cannabis rights. . . have been hijacked,” AMMA director Steve Kubby stated. “Prop. 215 is under attack like never before.”