In Landmark Ruling, California Court of Appeal Rules Dispensaries are Legal

 by lucy

Yesterday, the California Second District Court of Appeal ruled that medical marijuana collectives are legal under state law.  In addition, the court rejected all bans imposed by municipalities.

As a result of this ruling, Los Angeles County’s total ban on dispensaries is considered void.  The ruling of County of Los Angeles v. Alternative Medicinal Cannabis Collective reverses a preliminary junction granted to the County by the LA Superior Court last May.

Regarding the legality of medical marijuana dispensaries, the court ruled that “[T]he repeated use of the term ‘dispensary’ throughout [Health and Safety Code section 11362.768] and the reference in subdivision (e) to a ‘storefront or mobile retail outlet’ make it abundantly clear that the medical marijuana collectives authorized by section 11362.775 are permitted by state law to perform a dispensary function.”

The court also asserted that, “[Los Angeles] County’s total, per se nuisance ban against medical marijuana dispensaries directly contradicts the Legislature’s intent,” and called that contradiction “direct, patent, obvious, and palpable.”

This decision has the potential to have a huge impact on California’s medical marijuana industry.  Currently, there are a number of court cases regarding the legality of banning or restricting the operation of collectives throughout the state.

Prior to the decision, the City of Los Angeles had scheduled a hearing for July 24th during which they planned to vote on an outright ban of all dispensaries.  However, under this new ruling, implementing such a ban would be in direct contradiction of the state’s medical marijuana law.  It is unclear what the city intends to do next.

It is possible that the California Supreme Court will step in and review the ruling within the coming weeks.

 

[Source]

17 Responses so far | Have Your Say!

  1. 1

    Hustle_lifted said on Jul 3, 2012

    SWEET!!

  2. 2

    dallas said on Jul 3, 2012

    This is incredible. Watch the disbursement of articles designed to highlight negative cannabis stories in the press over the next week.

    Great victory. I'm sure LA collectives are very happy.

  3. 3

    jibsnmoney said on Jul 3, 2012

    Good job California

  4. 2

    Mike-420 said on Jul 3, 2012

    you wanna know whats ass backwards… The fucking michigan state court of appeals ruled just a cpl months ago that there a public nuisance and can be closed down by local ordinaces …

    My god i wanna move outta michigan so bad :(

  5. 0

    Mike-420 said on Jul 3, 2012

    Keep an eye out for a supreme court case now.. I highly doubt this is over..

  6. 2

    said on Jul 3, 2012

    Just want to thank the judges responsible for upholding our rights.

  7. 1

    AZDank420 said on Jul 3, 2012

    I LOVE THIS. LOOOVE IT. I'm happy to be apart of the AZ growing scene but I wish I could be out in Cali, rejoice with people and shit.
    @Mike-420 i agree buddy… But its a step in the right direction!

  8. 3

    iHydroEyez said on Jul 3, 2012

    Congratulations! Hope Iowa starts doing something like this we have such good soil!:(

  9. 2

    BA said on Jul 3, 2012

    I'm in WA but this is great for the entire West Coast….congrats to all the Cali homies

  10. 0

    Elvers said on Jul 4, 2012

    do you guy's remember about 3 0r 4 weeks ago someone from back East was asking how long would it take too legalize it? I don't remember who it was, but I said it was around the corner they wanted to put a bet on it I said yes I've not herd from that person on this one yet.It wasn't a money bet but it was still a bet. I think I won

  11. 1

    Stimulator said on Jul 4, 2012

    yeuuh!cali!

  12. 1

    VIPvinyl said on Jul 5, 2012

    so awesome. while CPA is my favorite dispensary, i can't always make the drive now that i live in LA county. will be glad to see some of the local shops back up and running.

  13. 0

    Elvers said on Jul 5, 2012

    we can do a victory dance finely with out any has tel from the fed or the cops this will happen

  14. 0

    Gossett said on Jul 5, 2012

    Happy to hear this, but I still think there will be more fighting of our rights to be had. The Feds are gonna let that stop them. Anyone who hasn't seen the video on utube in regards to the vandalization of the dispensary in Long Beach California needs to take a look to see the element we are fighting.

  15. 0

    AmberMan said on Jul 6, 2012

    love it.

  16. 0

    Kannabis_PROP215 said on Jul 7, 2012

    cant wait!!!! The Sacramento area was destroyed by this…i as a dispensary employee in the greater sacramento area got my job taken away!! this is such good news!!! :D

  17. 1

    FoxDogJake said on Jul 16, 2012

    There will be thousands of clubs now. Its going to get ridiculous again in LA.

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