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.

Post Your Comment:


Please note:
Comments are moderated by our editors who do their best to approve comments ASAP. As Marijuana Business Daily is focused on business, we approve comments that are specifically relevant to industry professionals. General opinions and questions about cannabis may not be posted.

Chicago MMJ Clinic Plans Float for Thanksgiving Parade

You read that headline correctly. The new Illinois medical marijuana clinic Good Intentions will have [click to continue...]

Some Florida Cannabis Startups Undeterred By Election Loss

Though medical marijuana failed at the Florida ballot box earlier this month, plenty of cannabis [click to continue...]

Senator Urges Hearings on DC Rec Cannabis

RonJohnson

A key federal lawmaker has suggested that Congress should hold hearings on Washington DC’s new [click to continue...]

WA School District Rejects Marijuana Grower’s $14K Donation

Education officials in Prosser, Washington, have turned down a $14,000 donation from a local marijuana [click to continue...]

Ohio Firm Lands Big Bank Loan After Battling Cannabis Stigma

Even companies that don’t touch cannabis – but have clients that do – can have [click to continue...]

New Hampshire Dispensary Hopeful Pitches Plan

NewHampshire

New Hampshire’s first medical marijuana dispensary could open within a year in the tiny hamlet [click to continue...]

Seattle MMJ Regulations, Standards Proposed

Seattle Mayor Ed Murray outlined a plan Monday afternoon to license medical marijuana businesses and [click to continue...]

Report: CO Targeting Cannabis Businesses Violating MJ Rules

The Colorado Marijuana Enforcement Division has been cracking down on cannabis businesses violating state regulations, [click to continue...]

IRS Council: Protect Tax Pros Working With MJ Industry

IRS

A key advisory group to the Internal Revenue Service has recommended that the agency refrain [click to continue...]

More Chicago MMJ Businesses Get Local Approval

The Windy City is well on its way toward exhaling legal cannabis smoke. On Friday, [click to continue...]

Cannabis Retailers Hope to Cash in on Black Friday

Recreational marijuana businesses in Colorado will have sales just like any other retailer on Black [click to continue...]

San Diego Dispensary Applicants Trip Each Other Up

SanDiegoskyline

Entrepreneurs hoping to open dispensaries in San Diego are competing aggressively with each other before [click to continue...]

Multi-State MMJ Operators Embroiled in Lawsuits, Legal Disputes

Entrepreneurs seeking cannabis licenses in multiple states have a new concern: legal issues from one [click to continue...]

CO Credit Union for MJ Businesses Could Open by New Year’s Day

Colorado marijuana businesses in need of a bank account, take heart. Banking services may soon [click to continue...]