California Supreme Court to Address Medical Marijuana Dispensaries
Category: Dispensaries | Posted on Mon, January, 28th 2013 by THCFinder
After the federal government’s large-scale crackdown on medical marijuana dispensaries throughout 2011 and 2012, the California Supreme Court will now revisit the issue to determine the legality of counties banning dispensaries.
On February 5, the California Supreme Court will hear arguments regarding this issue, which the Legislature has yet to define state laws or pass beneficial regulations.
Though many cities in the state currently have operational dispensaries, several others have seen mass closures. Since no concrete regulation has been set at the state level, local governments are taking on this issue; trying to decide whether dispensaries should be allowed in their prospective counties.
If the court upholds the bans of local governments, it is extremely likely that many more will follow suit.
In San Diego, newly elected Mayor Bob Filner ordered, through a series of memos, the San Diego Police Department’s “targeted code enforcement” against dispensaries be halted immediately.
Current city zoning ordinances do not allow legal areas for dispensaries. San Diego City Council, however, adopted a special “marijuana zoning ordinance,” but subsequently dropped it in July 2011. Under the guidance of city attorney Jan Goldsmith, more than one hundred dispensaries were closed throughout the city.
In response to medical marijuana activists, Americans for Safe Access (ASA), Filner requested that Goldsmith not pursue remaining active cases related to this issue, which Goldsmith agreed to do. Filner, a Democrat, takes a different approach to the issue than his Republican predecessor, Jerry Sanders, who widely supported Goldsmith’s “targeted action.”
With the legalization of marijuana in Colorado and Washington, nationwide discourse on the topic has leaned towards a more progressive approach. The California Supreme Court’s ruling should ultimately provide a consensus on dispensaries throughout the state.
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