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Appellate Court Sides With Terminally-Ill Medical Marijuana Patient
Date:6/29/2010

lective in that city.  City Attorney, Patrick Munoz, calls the collectives "criminal enterprises" because he says they have not proven otherwise.  Malinda's attorney, Jeff Schwartz, says that's absurd.  "Under the law," says Schwartz, "neither people nor collectives have to prove anything.  If the government believes that illegal activities are going on, it's the government's burden to prove it."  

Today, the court was scheduled to rule on Dana Point's request for a preliminary injunction to immediately force the Collective to shut down.  To protect her access to medical marijuana, Malinda applied to "intervene" in the case.  When Judge William M. Monroe denied her request, Malinda filed an appeal and asked the Appellate Court to block the hearing pending that appeal.

The Fourth District Court of Appellate issued a temporary order blocking the hearing but gave Dana Point until July 13, 2010 to oppose Malinda's request that the hearing stay on hold until her appeal is completed.

For Shelly White, Malinda's mother, it was a huge relief.  "I have lost more sleep worrying about whether or not I am going to get my daughter's medicine," she said, "wondering in the morning: is today the last day we'll have peanut butter balls?  Is today the day when my dispensary closes down?" If Dana Point succeeds in closing down all the legal sources of medical marijuana, "I guess I'll have to buy it from the drug dealers," she said.  "For 30 years I have been Malinda's advocate and I am not going to stop now."

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SOURCE Schwartz Law, P.C.
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