SAN JOSE (CN) - California's Medical Marijuana Regulation and Safety Act, signed into law this month to regulate the industry, violates the state's constitution, a medical marijuana collective operator claims in court.
Governor Jerry Brown signed the law on Oct. 9, to establish a comprehensive legislative framework for the production, transportation and sale of medical marijuana in California.
The bipartisan group of legislators who drafted the laws says they will provide a licensing structure for the industry, establish security, worker and safety standards and protect patient access, under a combination of state and local control.
But David Armstrong claims the law violates the California Constitution because it amended a voter initiative- the 1996 Compassionate Use Act, which legalized doctor-recommended medical marijuana - without voter approval.
The Oct. 21 complaint also says federal law pre-empts the act in prohibiting possession of marijuana for any purpose.
