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You Are Here: Home » Info » California Laws » Will Your California City Ban Marijuana Dispensaries?
Will Your California City Ban Marijuana Dispensaries?

Will Your California City Ban Marijuana Dispensaries?

420 Shaye
Posted by :420 Shaye Posted date : May 6, 2013 In California Laws, Dispensaries, News 2 Comments

A ruling today at the Supreme court allows for sities and counties to ban medical marijuana dispensaries. So is your California city next?

Read the story from the Washington Post here:

SAN FRANCISCO — The California Supreme Court ruled Monday that cities and counties can ban medical marijuana dispensaries, a decision likely to further diminish the network of storefront pot shops and fuel efforts to have the state regulate the industry.

In a unanimous opinion, the court held that California’s medical marijuana laws — the nation’s first and most liberal — neither prevent local governments from using their land-use powers to zone dispensaries out of existence nor grant authorized users convenient access to the drug.

“While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to the reasonable decision that such facilities within their borders, even if carefully sited, well managed, and closely monitored, would present unacceptable local risks and burdens,” Justice Marvin Baxter wrote for the seven-member court.

The ruling came in a legal challenge to a ban enacted by the city of Riverside in 2010, but another 200 jurisdictions have similar prohibitions on retail pot sales, the advocacy group Americans for Safe Access estimates. Many were enacted in the past five years as the number of dispensaries swelled and amid concerns that the drug had become too easy to get.

A number of counties and cities were awaiting the Supreme Court ruling before moving forward with bans of their own.

“While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to the reasonable decision that such facilities within their borders, even if carefully sited, well managed, and closely monitored, would present unacceptable local risks and burdens,” Justice Marvin Baxter wrote for the seven-member court.

The ruling came in a legal challenge to a ban enacted by the city of Riverside in 2010, but another 200 jurisdictions have similar prohibitions on retail pot sales, the advocacy group Americans for Safe Access estimates. Many were enacted in the past five years as the number of dispensaries swelled and amid concerns that the drug had become too easy to get.

A number of counties and cities were awaiting the Supreme Court ruling before moving forward with bans of their own.

Of the 18 states that allow the medical use of marijuana, California is the only one where residents can obtain a doctor’s recommendation to consume it for any ailment the physician sees fit, as opposed to only for conditions such as AIDS and glaucoma. The state also is alone in not having a system for regulating growers and sellers.

Read the full article here:

http://www.washingtonpost.com/business/california-supreme-court-says-local-governments-have-authority-to-ban-medical-pot-shops/2013/05/06/054274da-b6b0-11e2-b568-6917f6ac6d9d_story.html

Other news acros the web on the new ruling that allows California cities to ban medical marijuana collectives:

California: Court Upholds Ban on Marijuana Dispensaries
New York Times, on Mon, 06 May 2013 18:03:00 -0700
Patients and dispensary owners have argued that these local laws violate the state medical marijuana statutes by reducing patients’ access to the drug. But the court unanimously upheld a ban in the City of Riverside, paving the way for more …

California Supreme Court: Cities can ban pot stores – USA Today
USA TODAY, on Mon, 06 May 2013 11:16:29 -0700
The ruling came in a legal challenge to a ban enacted by the city of Riverside in 2010. “While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to …

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About 420 Shaye

420 Shaye

Founder of 420Cali.com. Shaye started her medicinal marijuana journey in SoCal and currently resides in NorCal, giving her an awesome perspective of the 420 lifestyle in California. Support Shaye and other 420 Cali bloggers by contributing content to the site. 420 California-based business? Get listed for free! We welcome all Californians who share our love and respect for nature's finest, cannabis.

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