The U.S. Supreme Court, 9th U.S. Circuit Court of Appeals, California Supreme Court and Los Angeles County Superior Court Have Already Struck Down Segments of SB2865

SB2865 - No … landlord may refuse to … lease to, or otherwise penalize a person solely for his or her status as a registered qualifying patient or a registered primary caregiver, unless failing to do so would put the … landlord in violation of federal law …

COURT RULING - On April 17, 2008 a Los Angeles County Superior Court judge ruled for the DEA saying that federal law allows landlords to boot medical marijuana dispensaries that rent from them. The DEA had notified landlords who rent to dispensaries that doing so is a violation of federal law, even though medical marijuana is legal in California. The judge ruled that federal law gives a landlord the right to evict THC, citing the 2005 U. S. Supreme Court decision in Gonzales v. Raich, 545 U.S. 1, that supports the federal government's ability to prohibit medical marijuana despite California's 1996 law. The Constitution's Supremacy Clause "unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail."

SB2865 - A qualifying patient who has been issued and possesses a registry identification card shall not be subject to … or denied any right or privilege, including but not limited to …disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this Act …

COURT RULING - In January 2008 the California Supreme Court ruled that employers can fire workers who use medical marijuana even if it was legally recommended by a doctor. The high court upheld a company's firing of a man who flunked a company-ordered drug test. The employee had a medical marijuana card authorizing him to use marijuana. "No state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law," Justice Kathryn Werdegar wrote for the 5-2 majority.

The U.S. Supreme Court declared in 2005 that state medical marijuana laws don't protect users from prosecution. The DEA and other federal agencies have been actively shutting down major medical marijuana dispensaries throughout California charging their operators with felony distribution charges.

SB2865 - … "medical marijuana organization" … acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses marijuana, or related supplies and educational materials, to registered qualifying patients and their registered primary caregivers.

COURT RULING - In December 2007, the 9th U.S. Circuit Court of Appeals upheld a permanent injunction barring marijuana clubs from giving marijuana to patients ruling that the classification as a Schedule I drug under the U.S. Controlled Substances Act is constitutional. The original case started in 1998 when the U.S. Justice Department filed a civil lawsuit seeking to stop three clubs from giving marijuana to patients. In 2001, the U.S. Supreme Court ruled that federal law doesn't allow a "medical necessity" exception for distribution of marijuana to seriously ill patients. In 2005, the U.S. Supreme Court in Gonzales v. Raich ruled Congress' Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana in compliance with California law.

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