In a decision that could have immediate fallout for medical marijuana dispensaries, a state appeals court has ruled that California law allows cities to ban the stores.
The contentious issue has bounced around state courts for years, but the opinion issued Wednesday is the first published one that directly tackles it and does so in unambiguous language. The decision, which upheld Riversides ban, could embolden cities and counties to enact bans and spur those that have them to seek court orders to close defiant dispensaries.
I think its impact will be significant throughout the state, said Jeffrey Dunn, the attorney who argued the case for Riverside in an appeals court hearing last week and praised the decisions simplicity. Its not wishy-washy. It squarely addresses it. And it makes it very clear.
In the case, a three-judge panel in the 4th District Court of Appeal in Riverside rejected an appeal from Inland Empire Patients Health and Wellness Center, concluding that state medical marijuana laws do not prevent cities and counties from passing regulations, including bans.
The same judges also issued a nearly identical unpublished opinion Wednesday, upholding Uplands ban on medical marijuana dispensaries and an injunction against G3 Holistic.
The decisions closely follow another appellate court ruling that said Long Beach could not adopt regulations that amount to authorizing dispensaries because marijuana remains illegal under federal law. That decision has left city officials throughout the state puzzled about what rules they can put in place to control dispensaries. Taken together, the two decisions could lead more cities and counties to put bans in place, at least until the law is clarified.
Joe Elford, chief counsel for Americans for Safe Access, said he fears that could happen. We think its a very unfortunate outcome, he said, adding, I would hope that they would do the responsible thing and continue to regulate dispensaries.
