The California Supreme Court (voting 7 to 0) will review a medical marijuana case originating in the city of Riverside in which a lower court ruled that cities and counties have the right to ban dispensaries. Throughout the state local governments have shut down medical marijuana clinics within their boundaries using that decision, issued in November by the Fourth District Court of Appeal.
The court will most likely be addressing federal and state issues regarding medical marijuana and the dispensaries that sell it, as well as more fundamental questions of local control.
The Court will also review:
- an unpublished ruling on Upland’s dispensary ban, which closely followed the language of the Riverside ruling
- a Long Beach case that addresses the illegality of marijuana under federal law and whether that preempts local officials from regulating dispensaries
- a Dana Point case that looks into who has standing to challenge local ordinances regulating dispensaries.
John Entwistle notes: This is a long awaited situation. We have high hopes that the Supremes will do the right thing in light of Prop 215. They very well may end up stopping a lot of the local rules that restrict patients and caregivers from cultivating their own marijuana under Proposition 215. How they rule on the dispensaries is anyone’s guess but it should be fascinating. This is the case to watch!! Read the article linked below.Source: http://www.pe.com/local-news/riverside-county/riverside/riverside-headlines-index/20120118-riverside-california-supreme-court-to-review-citys-pot-dispensary-ban.ece