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By Andrea Papagianis

A state appellate court has upheld a lower court’s ruling that a medicinal marijuana user lacked standing in his lawsuit against the city of Dana Point.

The ruling by the California 4th District Court of Appeals affirmed an Orange County Superior Court judge’s ruling last year that San Clemente resident and medical-marijuana user Jeff Schwartz did not have standing to file suit, because he failed to establish that the city’s zoning code infringed upon a legally protected right.

In April 2012, Schwartz alleged the city’s municipal code crackdown on dispensaries violated his right as a patient to control his own health care decisions.

Schwartz, an attorney, was a member of Beach Cities Collective, whom he represented in litigation with the city prior to his own lawsuit. Schwartz also represented fellow Beach Cities member, Malinda Traudt, a blind and ill San Clemente woman, who unsuccessfully sued the city.

The appellate court said that although Schwartz did not have convenient access to medicinal marijuana, the city had not prohibited him from cultivating, processing or using it. The court also found that neither the state’s Compassionate Care Act nor the Medical Marijuana Program created a right to convenient access.

The appellate court decision was filed October 25.

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