The California Supreme Court rules that California’s medical Marijuana and the compassionate use act does not prevent local city an municipal governments from regulating or prohibiting “collectives” from operation within their jurisdictions. Using zoning laws business that are considered nuisances can be excluded from operation by local ordinance.
The ruling does not limit or affect patients rights to use or possess medical Marijuana, nor does it change patients ability to obtain a prescription. The ruling explicitly states that should legislature or the people (through ballet initiative) change the law there is nothing standing in way of the state preempting local government’s right to limit or prohibit medical Marijuana dispensaries.
The California Supreme court’s ruling can be found here and states in part: California Supreme Court Opinion, click here>
“The Compassionate Use Act...remove[s] state-level criminal and civil sanctions from specified medical marijuana activities, but they 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 cooperatives, collectives, or dispensaries. Of course, nothing prevents future efforts by the Legislature, or by the People, to adopt a different approach. In the meantime, however, we must conclude that Riverside‘s ordinances are not preempted by state law.”
If you are charged with a crime related to growing, cultivating, possession, sales or transportation of Marijuana call the Visalia lawyer for a free consultation.