Four California medical marijuana users who argue that bans on Orange County pot clinics violate the Americans with Disabilities Act appealed their case to the US 9th Circuit Court of Appeals. Matthew Pappas, attorney for the users, said he will argue the case based on an interpretation of the equal protection clause in the 5th Amendment, and pointed to a 2009 congressional decision based on the clause that lifted a ban on medical marijuana in Washington DC.
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