Petition and Complaint Against Board of Supervisors

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LETITIA E. PEPPER, SBN 105277 Director of Legal and Legislative Analysis for Crusaders for Patients’ Rights P. O. Box 55560 Riverside, CA 92517 (951) 781-8883 Attorney for Plaintiff Crusaders for Patients’ Rights SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ) ) RIGHTS, a California Corporation, ) ) Petitioner and Plaintiff, ) ) vs. ) ) BOARD OF SUPERVISORS OF THE ) ) COUNTY OF SAN BERNARDINO, ) )
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  PETITION FOR WRITS UNDER CEQA AND CCP 1094.5; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF   - 1 12345678910111213141516171819202122232425262728 LETITIA E. PEPPER, SBN 105277Director of Legal and Legislative Analysis forCrusaders for Patients’ RightsP. O. Box 55560Riverside, CA 92517(951) 781-8883Attorney for Plaintiff Crusaders for Patients’ RightsSUPERIOR COURT FOR THE STATE OF CALIFORNIACOUNTY OF SAN BERNARDINOCRUSADERS FOR PATIENTS'RIGHTS, a California Corporation,Petitioner and Plaintiff,vs.BOARD OF SUPERVISORS OF THECOUNTY OF SAN BERNARDINO,Respondent and Defendant. __________________________________ CALIFORNIA CHIEFS OF POLICEASS’N, a California Corporation,Real Party in Interest andDefendant.)))))))))))))))))))))))))))))))))))))))Case No.: CIVDS 1105492PETITION FOR: (1) WRIT OF MANDATE TO HALTPROJECT APPROVED INVIOLATION OF “CEQA”[pursuant to Code Civ. Proc.§§ 1060, 1095, 1094.5, Pub.Resources Code §§ 21000 et seq.;CEQA Guidelines] (2) WRIT OF ADMINISTRATIVEMANDAMUS FOR JUDICIALREVIEW OF ADMINISTRATIVEAGENCY ACTION [pursuant toCode of Civil Procedure § 1094.5]COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF BASEDON VIOLATIONS OF FEDERAL AND(1) Violation of Free Speech RightsUnder U.S. Constitution, Amend. 1& Cal. Const, art. 1, § 2(a)(2) Violation of Associational Rightsderived from U.S. Constitution,Amend. 1 & Cal. Const, art. 1, § 3(3) Violation of The Ralph M. BrownAct, Gov. Code §§ 54950 et seq.(4) Violation of “The CompassionateUse Act,” Health & Safety Code§ 11362.5(5) Violation of “The Medical MarijuanaProgram Act,” codified at Health && Safety Code §§ 11362.7 to 11362.9.(6) Violation of The 2008 AttorneyGeneral's Guidelines for the Non-Diversion of Medical Marijuana, asmandated by Health & Safety Code§ 11362.81, subd. (d);  PETITION FOR WRITS UNDER CEQA AND CCP 1094.5; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF   - 2 12345678910111213141516171819202122232425262728 THE PARTIES 1. Petitioner and Plaintiff Crusaders for Patients’ Rights (hereinafter “CPR”) is,and at all times relevant hereto was, a 501(c)(3) corporation duly organized andexisting under the laws of California, and an affiliate of Americans for SafeAccess, also a 501(c)(3) corporation duly organized and existing under the lawsof California. 2. Petitioner’s members are California citizens and taxpayers who have a directinterest in the safe, affordable and legal availability of “medical marijuana” 1  for use by California residents who are qualified to use it under applicable statelaws, including Prop. 215 (the voter-approved initiative known as TheCompassionate Use Act [hereinafter “the CUA”], codified at Health & SafetyCode section 11362.5), the CUA’s enabling statutes (as enacted by Senate Bill420, known as The Medical Marijuana Program Act [hereinafter the “MMPA”] 1   Hereinafter Petitioner shall refer to “medical marijuana” as “medical marijuana”when such term appears in a statute, case law or documents used in the administrativerecord of this case. In all other instances, Petitioner shall use the term “cannabis” to refer to “cannabis indica” and “cannabis sativa,” colloquially known by the slang term“marijuana,” and shall use the term “marijuana” when referring to cannabis that is used,illegally under both state and federal law, recreationally rather than medicinally.The species cannabis indica and sativa were legally used for medicinal purposes for at least 3,500 years. Such legal, medicinal use of both whole herbal cannabis, extracts of cannabis, and cannabis cigarettes (used to treat asthma), was well-established in the UnitedStates before 1937. The medicinal herb and its extracts were referred to as “cannabis” inU.S. medical literature and catalogues for the sale of medicinal herbs. It was not until1937, when the “Marijuana Stamp Tax Act” (MSTA) was enacted, that the little-knownslang term “marijuana” began to become the generic term for “cannabis.” (For a medicaland legal history of cannabis/marijuana, see generally Herer, “The Emperor Wears NoClothes” (2007) as available on the Internet at no cost at its stance that “marijuana has no medicinal value,” the U.S. Government, in2003, became the assignee of a patent on cannabinoids (the primary medicinal compoundsfound in cannabis), U. S. Patent No.   6,630,507 B1, date of patent Oct. 7, 2002, as “anti-oxidants and neuro-protectants.” This patent describes cannabinoids as having medicinalvalue in the treatment of, e.g., ischemic attacks, trauma, HIV, AIDS, autoimmune diseases,Parkinson’s Disease and Alzheimer’s Disease. California citizens have been using whole-herbal cannabis to treat all of the above, and other, ailments.  PETITION FOR WRITS UNDER CEQA AND CCP 1094.5; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF   - 3 12345678910111213141516171819202122232425262728 and codified at Health & Safety Codes §§ 11362.7 to 11362.9), and the 2008Attorney General’s Guidelines for the Nondiversion of Medical Marijuana[hereinafter “the 2008 A.G. Guidelines”], which 2008 A. G. Guidelines theLegislature mandated the Attorney General to prepare, as part of The MedicalMarijuana Program Act, in Health & Safety Code § 11362.81, subd. (d). 3. CPR’s members’ direct interests include, as patients and primary caregivers asdefined by the applicable medical marijuana laws: a. the right and ability to legally obtain cannabis, as a form of herbal medicinaltreatment used as an alternative to, and/or an adjunct with, compounded pharmaceutical prescription medications and/or over-the-counter (OTC)compounded medications, from lawfully operated “storefront cannabisdispensing collectives,” as well as from non-storefront cannabis dispensingcollectives and cooperatives as defined in the 2008 Guidelines;  b. the right and ability to legally cultivate cannabis for their own personalmedicinal use and for distribution to other patients and caregivers who do notor cannot cultivate such cannabis for themselves; c. the right to associate together and form legally recognized and operatedcollectives and cooperatives for the purposes of legally cultivating anddistributing cannabis to each other; d. the right to associate together and form legally recognized and operatedcollectives and cooperatives for the purposes of sharing information witheach other related to the medicinal uses of cannabis, the methods of  preparing cannabis extracts and cannabis-containing foods used for medicinal purposes; and e. the right to engage in the above-noted activities in a legal, safe andaffordable manner. 4. CPR’s members’ direct interests include, as family members and friends of such patients and primary caregivers, assuring that patients and caregivers have legal,  PETITION FOR WRITS UNDER CEQA AND CCP 1094.5; COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF   - 4 12345678910111213141516171819202122232425262728 safe and affordable access to cannabis as an herbal medicinal therapy that can beused as an alternative to, and/or adjunct with, prescription, compounded pharmaceutical medications and/or OTC compounded medications. 5. CPR’s members include, but are not limited to, residents of both theunincorporated and incorporated areas of the County of San Bernardino. 6. CPR brings this action on behalf of itself and its members and/or supporters, andon behalf of all Californians who may now, or in the future, need to be able tolegally, safely and affordably obtain cannabis in the County of San Bernardino. 7. CPR also brings this action on behalf of all residents of California, who have a beneficial interest in all state agencies’ compliance with CEQA and specificallywith the greenhouse gas emission components of the California EnvironmentalQuality Act (hereinafter “CEQA”), because greenhouse gas emissions – andtheir environmental impacts -- do not respect county and city borders. 8. The County of San Bernardino (hereinafter “COUNTY”) is, and at all relevanttimes hereto was, a government agency of the State of California and both alocal agency and the lead agency, for purposes of CEQA, for the project inquestion, to wit, the discretionary approval of and adoption of the below-described ordinance (hereinafter either “the Project” or “the ORDINANCE”). 9. Respondent and Defendant the Board of Supervisors of the County (hereinafter “the BOARD”) is COUNTY’S governing body and is authorized and required by law to hold public hearings as required by law, to accept public comment andtestimony as required by law, to determine the adequacy of and certifyenvironmental documents under CEQA, and to take all other actions with respectto the approval of projects subject to CEQA and the adoption of COUNTY’Sordinances. BOARD is also charged with adopting laws to protect the public’shealth, safety and welfare.
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