Truth Seeker
New Member
Despite a court ruling last week that Los Angeles County's ban on medical marijuana dispensaries is illegal, local cities with similar bans aren't sweating, yet.
A state appeals court last week ruled that the county's outright ban on dispensaries in unincorporated communities is unlawful under state law. But the ruling, which also applies to California municipalities, might not make much of a difference in cities that have instituted bans until the California Supreme Court reviews similar cases later this year, local attorneys said.
The Second Appellate District Court of Appeals on July 2 ruled that because the state's medical marijuana laws authorize cooperatives and collectives to grow, store and distribute pot, a lower court judge erred when she cited the county's 2010 ban in granting the county an injunction against the Alternative Medicinal Cannabis Collective in unincorporated Covina last year.
Although they can't be banned, these facilities can be regulated and restricted, justices of the appeals court said.
"The phrase `regulate the location, operation, or establishment' does not mean ban, prohibit, forbid, or prevent all medical marijuana collectives and cooperatives from operating within the entire jurisdiction `solely on the basis' that they engage in medical marijuana activities," Justice Robert Mallano wrote in the unanimous decision for the court.
Medical marijuana proponents welcomed the decision and urged some of the San Gabriel Valley and Whittier cities that have banished the facilities in recent years - including La Puente, La Mirada and Pasadena - to overturn their laws.
"This ruling in particular came down on the side of patients and said that not only are dispensaries legal under state law, but they must be tolerated," said Kris Hermes, a spokesman for Americans for Safe Access, an Oakland-based medical cannabis advocacy group.
"We believe that the more than 170 bans that have been placed across the state are all illegitimate," Hermes said. "These municipalities of local government should strongly consider overturning those bans and implementing regulations."
But La Puente City Attorney James Casso said the impact of the court's ruling on cities isn't clear. That's because this particular ruling is just another in a mix of appellate court decisions regarding the legality of bans on marijuana dispensaries, Casso said.
"At this point, I would be guessing as to its implications," said Casso, whose city at one point had 12 medical marijuana dispensaries before they were banned last year.
The state Supreme Court later this year will review two similar appellate court rulings, including Pack v. City of Long Beach and City of Riverside v. Inland Empire Patient's Health and Wellness, both of which argue the legality of dispensaries and marijuana distribution.
"We believe state law is being violated," Hermes said of the various bans. "However, with the state Supreme Court reviewing a number of cases, it's unlikely that a lawsuit will go anywhere until the high court has its chance to weigh in."
The Supreme Court's decision will likely define how cities with bans, and those considering them, will act.
"We all await direction from the Supreme Court on what it means with regard to what La Puente has done with its regulations," Casso said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: pasadenastarnews.com
Author: Juliette Funes
Contact: Contact Us - Pasadena Star-News
Website: Cities look to Supreme Court decision after court strikes down medical marijuana ban - Pasadena Star-News
A state appeals court last week ruled that the county's outright ban on dispensaries in unincorporated communities is unlawful under state law. But the ruling, which also applies to California municipalities, might not make much of a difference in cities that have instituted bans until the California Supreme Court reviews similar cases later this year, local attorneys said.
The Second Appellate District Court of Appeals on July 2 ruled that because the state's medical marijuana laws authorize cooperatives and collectives to grow, store and distribute pot, a lower court judge erred when she cited the county's 2010 ban in granting the county an injunction against the Alternative Medicinal Cannabis Collective in unincorporated Covina last year.
Although they can't be banned, these facilities can be regulated and restricted, justices of the appeals court said.
"The phrase `regulate the location, operation, or establishment' does not mean ban, prohibit, forbid, or prevent all medical marijuana collectives and cooperatives from operating within the entire jurisdiction `solely on the basis' that they engage in medical marijuana activities," Justice Robert Mallano wrote in the unanimous decision for the court.
Medical marijuana proponents welcomed the decision and urged some of the San Gabriel Valley and Whittier cities that have banished the facilities in recent years - including La Puente, La Mirada and Pasadena - to overturn their laws.
"This ruling in particular came down on the side of patients and said that not only are dispensaries legal under state law, but they must be tolerated," said Kris Hermes, a spokesman for Americans for Safe Access, an Oakland-based medical cannabis advocacy group.
"We believe that the more than 170 bans that have been placed across the state are all illegitimate," Hermes said. "These municipalities of local government should strongly consider overturning those bans and implementing regulations."
But La Puente City Attorney James Casso said the impact of the court's ruling on cities isn't clear. That's because this particular ruling is just another in a mix of appellate court decisions regarding the legality of bans on marijuana dispensaries, Casso said.
"At this point, I would be guessing as to its implications," said Casso, whose city at one point had 12 medical marijuana dispensaries before they were banned last year.
The state Supreme Court later this year will review two similar appellate court rulings, including Pack v. City of Long Beach and City of Riverside v. Inland Empire Patient's Health and Wellness, both of which argue the legality of dispensaries and marijuana distribution.
"We believe state law is being violated," Hermes said of the various bans. "However, with the state Supreme Court reviewing a number of cases, it's unlikely that a lawsuit will go anywhere until the high court has its chance to weigh in."
The Supreme Court's decision will likely define how cities with bans, and those considering them, will act.
"We all await direction from the Supreme Court on what it means with regard to what La Puente has done with its regulations," Casso said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: pasadenastarnews.com
Author: Juliette Funes
Contact: Contact Us - Pasadena Star-News
Website: Cities look to Supreme Court decision after court strikes down medical marijuana ban - Pasadena Star-News
