Schwartz

FACTS

Schwartz, an attorney, uses medical marijuana pursuant to his physician‟s recommendation. He filed a complaint against the City for declaratory relief, alleging the City “shut down all of the medical marijuana collectives in that city,” including Beach Cities Collective (Beach Cities). The complaint further alleged Schwartz was a member of Beach Cities, which was his “primary source of medical marijuana.” The complaint also alleged the City‟s action “substantially interfered” with his ability to follow his doctor‟s recommendation, in that he drove 1.5 miles to Beach Cities to acquire medical

Schwartz unsuccessfully represented Malinda Traudt, another medical marijuana user, in her action for declaratory relief against the City in connection with its efforts to close all medical marijuana dispensaries and collectives in Dana Point. (Traudt v. City of Dana Point (2011) 199 Cal.App.4th 886, review granted Jan. 18, 2012, S197700, review dism. Mar. 14, 2012.)

2 marijuana but must now drive 50 miles to acquire it. Schwartz alleged the City‟s action violated his rights to: health care (Prob. Code, § 4615); health care decisions (Prob. Code, § 4617); control health care…