March 27, 2014

CA Supreme Court Clears Way For Local Bans

Local governments in California can now ban medical marijuana businesses and private growers with the backing of the state’s Supreme Court.

On Wednesday, the California Supreme Court denied a petition by medical marijuana advocates who hoped to overturn an appellate court’s decision to allow local governments to ban all medical marijuana businesses.

The decision could create an even shakier situation for California marijuana businesses hoping to open in unfriendly cities and counties. California currently has a patchwork of local and regional medical marijuana bans, and the Supreme Court’s ruling could open the door for additional cities to ban the plant.

The city of Live Oak banned all patient cultivation in 2011. Fresno County recently banned all marijuana cultivation. San Jose officials have proposed ordinances which would ban the lion’s share of shops. Solano County and the city of Napa also voted to ban dispensaries.

rechandbookhorizontal300 CA Supreme Court Clears Way For Local BansAdvocates tried to argue that local bans violated Proposition 215, the Compassionate Use Act, which allows for patients to grow up to six mature and 12 immature plants. That law allowed local jurisdictions to establish higher – but not lower – guidelines surrounding plant count.

The Supreme Court did not issue an explanation for its decision.


8 Comments:

  1. Actually the 6/12 plant minimums weren’t in Prop. 215 but rather in SB420, a law that went into effect in 2004. The California Supreme Court ruled in the Kelly case that since Prop. 215 had no limits for patients, they can grow whatever is medically necessary.

  2. Jeffrey A. Coleman

    Sounds like if they don’t want the business in their area they shouldn’t benefit from the tax revenue generated. Don’t know how you would accomplish this, but just saying, that would be fair.

  3. This just means the patients and patient advocacy groups need to become more vocal in their individual communities. We think the advocacy groups are going to do the lions share for us, but we need to take action on a local level.

  4. Now we know the lengths and twists prohibs will resort to in their vain efforts to stem cannabis legalization’s tide.
    Too bad it won’t work.
    If they’re too stupid to figure out their error,let them become as extinct as any other unadaptable creature.

  5. If anyone is interested in setting a NORML chapter in the San Gabriel Valley / Pasadena area, please let me know. Thanks

  6. Bill Middlebrook

    This simply reminds me of what prison guards do in prison….let gangs do various things and then feed them misinformation to turn on each other and then club them down when things start getting riled up.

    So, undermining the fabric of states by letting the municipalities make their own choices resulting in further polarization….just to show you, the states, people, that states rights should be at federal level where you can be further controlled. Forked tongue…”sure, do what you want states”…they posturing for long term snuffing out of the industry…everyone is on lists now affiliated on lists associated with the Medical Cannibus interests….think the Fed/FBI etc. don’t have copies of those lists? I’d bet you they most certainly do….Denying the citizens of Washington State their legal right to open up a dispensary through federal blocking of permits necessary to open a dispensary?

    What’s the next move fed? Round us all up this summer, line us up against a wall and shoot us?

  7. I think it is times like this when our Compassionate Community should remember the less fortunate, who live in cities that can’t find it in their hearts to make a way for compassionate patient use. Who try to make the lives of the suffering harder for whatever reason; let us in response find ways to reach out to our fellow patients. Neighboring collectives, invite the less fortunate into membership; perhaps set up a weekly mobile service and allow your collective to make “mercy missions” to the less fortunate who are for example are unable to travel and now unable to grow their own medicine. Let’s not let these kinds of rulings discourage us, but strengthen our resolve. Tighten the unity people. Thanks to Dale Gieringer at NORML and all those who participated in a worthwhile battle.

  8. They need to get with the program. They’re missing out on all that revenue. Despite these “bans” CA still makes more money than any other state and that’s only with MMJ use. Just imagine if/when adult use passes like in CO.

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