DANA POINT – A state court has dismissed an appeal by a San Clemente woman born with cerebral palsy, epilepsy and blindness against Dana Point saying she lacks standing to challenge the city’s zoning ban on medical marijuana dispensaries.

After Malinda Traudt, 31, got osteoporosis a few years ago, her pain could not be managed with medication, but using marijuana brought her dramatic relief, her attorney Jeff Schwartz said.

Traudt last year sued Dana Point for attempting to close Beach Cities Collective, the medical-marijuana dispensary her family called her lifeline. Her lawsuit said closing the dispensary would interfere with her fundamental rights to life and safety under the California Constitution.

Orange County Superior Court Judge Tam Nomoto Schumann dismissed Traudt’s case, saying the Compassionate Use Act and the Medical Marijuana Program Act do not preempt the city’s ability to regulate or ban medical-marijuana collectives or dispensaries and that no authority says anyone has a fundamental right to obtain any controlled substance.

Traudt appealed but the 4th District Court of Appeal in Santa Ana rejected her bid last week.

A medical marijuana patient is not the right person to challenge zoning provisions because “the Legislature invested this right in cooperative and collective groups and entities, not in individuals,” the court said in its opinion.

Traudt does not own or lease the dispensary, nor can she challenge the zoning affecting dispensaries generally, the court said.

“The reason is simple: she is not a dispensary,” the court’s three justices wrote.

Traudt will seek a rehearing and take this to the state Supreme Court if necessary, her attorney said.

The ruling issued by the court “completely ignores the reasons she claims to have standing. She said I have standing because this hurts me as a patient,” Schwartz said.

The city attorney could not immediately be reached for comment.

Contact the writer: 714-834-3773 or vjolly@ocregister.com