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California's highest court weighed in this week on the medical marijuana debate, even showing some sympathy for local government as it heard arguments over whether they can restrict retail dispensaries.
The highly anticipated ruling by the state Supreme Court is expected in 90 days and should bring clarity to medical marijuana laws mired in confusion.
The case, which stems from the city of Riverside's ban on storefront pot shops, is being closely watched by some 200 cities and counties that have adopted pot shop ordinances. Redding officials and collectives are still waging a legal battle over the city's ordinance prohibiting the storefronts.
But neither side ventured to make any predictions about how the court may rule this spring.
"They were skeptical – yes," said Jess Brewer of those justices who questioned whether the state's laws on medical marijuana trump local government control over land use and zoning decisions. Brewer is the executive director for Trusted Friends, one of the Redding dispensaries fighting the city's ban. "They were just asking questions, which is what they are supposed to do. The laws are not well written. ..
"Whatever the Supreme Court comes up with, will clear up the muddy waters."
City Attorney Rick Duvernay echoed similar sentiments.
"We are hopeful it will provide an answer or at least some direction, but we know it won't provide all the answers," he said, noting that Riverside adopted a total ban on collectives, while Redding bans only collectives with nine or more people and makes other exceptions.
During oral arguments, J. David Nick, a lawyer representing a dispensary Riverside attempted to close, told the court lawmakers clearly intended to make marijuana easily and uniformly available for eligible residents statewide, a goal thwarted by dispensary bans.
Many of the local bans were enacted after the number of retail medical marijuana outlets boomed in Southern California. This followed a memo from the U.S. Justice Department stating that prosecuting pot sales would be a low priority.
Brewer says the laws clearly give people the right to safe access to medical marijuana. The problem is the laws haven't been specific about where.
"So what it comes down to is a zoning issue," Brewer said.
The Redding case is scheduled to go to trial in Shasta County Superior Court in November.
Assistant City Attorney Barry DeWalt said the case is in the discovery stage. He said he has a motion for sanctions pending against one of the lawyers representing the collectives, while two others have been sanctioned for submitting late responses.
Only about seven storefronts remain open in the city as most of the 16 operating under the city's former permit system either closed before the ban took effect Dec. 1, 2011 or have since shut down.
DeWalt said in one of those cases involving Golden State Wellness a permanent injunction and $20,000 in civil penalties were ordered against the collective.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: redding.com
Author: Jenny Espino
Contact: Staff and Contacts for Redding Record Searchlight
Website: Redding, medical marijuana proponents look to California's high court with hope » Redding Record Searchlight
The highly anticipated ruling by the state Supreme Court is expected in 90 days and should bring clarity to medical marijuana laws mired in confusion.
The case, which stems from the city of Riverside's ban on storefront pot shops, is being closely watched by some 200 cities and counties that have adopted pot shop ordinances. Redding officials and collectives are still waging a legal battle over the city's ordinance prohibiting the storefronts.
But neither side ventured to make any predictions about how the court may rule this spring.
"They were skeptical – yes," said Jess Brewer of those justices who questioned whether the state's laws on medical marijuana trump local government control over land use and zoning decisions. Brewer is the executive director for Trusted Friends, one of the Redding dispensaries fighting the city's ban. "They were just asking questions, which is what they are supposed to do. The laws are not well written. ..
"Whatever the Supreme Court comes up with, will clear up the muddy waters."
City Attorney Rick Duvernay echoed similar sentiments.
"We are hopeful it will provide an answer or at least some direction, but we know it won't provide all the answers," he said, noting that Riverside adopted a total ban on collectives, while Redding bans only collectives with nine or more people and makes other exceptions.
During oral arguments, J. David Nick, a lawyer representing a dispensary Riverside attempted to close, told the court lawmakers clearly intended to make marijuana easily and uniformly available for eligible residents statewide, a goal thwarted by dispensary bans.
Many of the local bans were enacted after the number of retail medical marijuana outlets boomed in Southern California. This followed a memo from the U.S. Justice Department stating that prosecuting pot sales would be a low priority.
Brewer says the laws clearly give people the right to safe access to medical marijuana. The problem is the laws haven't been specific about where.
"So what it comes down to is a zoning issue," Brewer said.
The Redding case is scheduled to go to trial in Shasta County Superior Court in November.
Assistant City Attorney Barry DeWalt said the case is in the discovery stage. He said he has a motion for sanctions pending against one of the lawyers representing the collectives, while two others have been sanctioned for submitting late responses.
Only about seven storefronts remain open in the city as most of the 16 operating under the city's former permit system either closed before the ban took effect Dec. 1, 2011 or have since shut down.
DeWalt said in one of those cases involving Golden State Wellness a permanent injunction and $20,000 in civil penalties were ordered against the collective.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: redding.com
Author: Jenny Espino
Contact: Staff and Contacts for Redding Record Searchlight
Website: Redding, medical marijuana proponents look to California's high court with hope » Redding Record Searchlight
