A California Court of Appeals decision for the first time gives cities and counties the choice to allow or disallow medical marijuana dispensaries.
In a Tuesday decision, the California Court of Appeal published an opinion upholding a lower court's injunction stopping a medical marijuana dispensary from operating in Los Angeles County.
In this case, the city of Claremont issued a moratorium preventing the issuance of a business license or other approvals for medical marijuana dispensaries as uses not permitted under the city's zoning ordinance.
Earlier this week in Lake Forest messengers began delivering 35 civil complaints against property owners and tenants connected to 14 medical marijuana dispensaries in the city. The city hopes to shut down the shops. The city's municipal code prohibits uses not explicitly allowed in commercial areas and prohibits businesses that violate state and federal law, said City Attorney Scott Smith.
"The decision is important to Lake Forest because the decision says not only that cities can decide whether or not to allow dispensaries but that state law – Compassionate Use Act – does not require cities to allow marijuana dispensaries," said Jeffrey Dunn, an attorney with Best, Best and Krieger who is handling the cases for Lake Forest.
Pot dispensary advocates argued almost two weeks ago at the Lake Forest City Council that that cities did not have the right to regulate or ban dispensaries because the Compassionate Use Act allows persons to use marijuana for certain medicinal uses.
But Dunn said that the Compassionate Use Act has the purpose to exempt certain people with specific medical conditions from violating state criminal law. He added that federal law still forbids marijuana use.
In light of the recent court ruling Dunn said the case could be precedent-setting and could and for the first time provide clarity and guidance to California counties and cities facing decisions regarding the regulation of marijuana dispensaries.
"From a legal perspective, it's a big deal," he said. "Now a city and county can decide to have or not have a dispensary. It clarified what a city can do."
About 150 pro-pot proponents vowed to return for the October City Council meeting to work toward keeping city dispensaries going by collaborating with city officials on how to regulate them.
"The solution is to regulate them," said Ryan Michaels, 27, who works with several of the Lake Forest dispensaries, to assure they are in compliance. "I don't think the problem is the city of Lake Forest. They are being pushed by their attorneys. The solution is regulating them and mitigating them through patient fundraisers. Potentially, we can come to a compromise."
Dunn said that there are cities in the state that have allowed dispensaries and attempted to regulate them.
"It's a struggle," he said. "How do you keep illegal activities out of them? That's really tough to do."
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