California Appeals Court Strikes Down Medical Marijuana Dispensary Bans

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Medical marijuana dispensaries are protected under California state law, and cities and counties have no right to ban cannabis collectives outright, according to a state Court of Appeals ruling released Monday.

The decision invalidates a ban on dispensaries in Los Angeles County, which was enacted in 2010. The decision may also strike down bans enacted in the Bay Area, in places like Danville, Daly City, and San Leandro.

L.A. County may appeal the decision to the state Supreme Court, an attorney said today. In the meantime, cannabis users' advocacy group Americans for Safe Access hailed the court's recognition of dispensaries as legal as a "landmark" ruling.

As we previously reported, Los Angeles city and county officials waited until "hundreds" of dispensaries had opened for business before deciding how to control or regulate the situation.

The county's solution was to ban dispensaries outright, a decision made in December 2010. In spring 2011, county counsel sued Alternative Medicinal Cannabis Collective, which had been operating in defiance of the ban in an unincorporated area of the county near Covina.

cont at
http://blogs.sfweekly.com/thesnitch/2012/07/medical_marijuana_appeals_court.php
 
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