Local governments can ban dispensaries, court rules
Category: Dispensaries | Posted on Mon, May, 6th 2013 by THCFinder
In a case that originated in Riverside, the California Supreme Court ruled 7-0 that local governments can ban medical marijuana dispensaries. The court said nothing in current laws authorizing medical marijuana in California grants a “right” of convenient access or overrides local governments’ zoning powers.
The Monday, May 6, ruling means the estimated 200 bans already in place statewide will remain in effect. It opens the way for any cities and counties that might be considering a ban on clinics but were awaiting the court's decision to move forward.
California voters approved Prop. 215, which authorized medical marijuana, in 1996. The Medical Marijuana Program, passed by the Legislature in 2003, tried to provide guidelines for medical marijuana use and distribution.
“We must take these laws as we find them, and their purposes and provisions are modest,” the court opinion said.
Those two laws, the court concluded, “do not establish a comprehensive state system of legalized medical marijuana; or grant a 'right' of convenient access to marijuana for medicinal use; or override the zoning, licensing, and police powers of local jurisdictions; or mandate local accommodation of medical marijuana.”
Read more: http://www.pe.com
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