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Cities Can't Ban Pot Shops, Appeals Court Rules

State law "preempts" bans of medical marijuana shops by municipalities, according to the unanimous appeals court decision.

Orange County cities fighting to keep out medical marijuana dispensaries may have a tougher time doing so after a Monday ruling affirming the legality of the shops under California law.

A three-justice panel of the 2nd District Court of Appeal ruled that Los Angeles County's ban on medical marijuana is "preempted" by state law.

The decision by the state appeals court also rejected bans imposed by municipalities trying to excise the shops from their boundaries. A number of cities in Orange County, including Anaheim, Costa Mesa, Dana Point and Lake Forest, have taken to the courts to battle dispensaries operating in their cities.

The decision reverses a preliminary injunction granted to the county by Los Angeles Superior Court Judge Ann Jones in May 2011. 

"Los Angeles County's total, per se nuisance ban against medical marijuana dispensaries directly contradicts the legislature's intent,'' Justice Robert Mallano wrote in the 19-page unanimous decision. 

The county sued the Alternative Medicinal Cannabis Collective in March 2011.

Principal Deputy County Counsel Sari Steel could not be immediately reached.

"The court of appeal could not have been clearer in expressing that medical marijuana dispensaries are legal under state law, and that municipalities have no right to ban them," said Joe Elford, Chief Counsel with Americans for Safe Access, a medical marijuana advocacy group. "This landmark decision should have a considerable impact on how the California Supreme Court rules in the various dispensary cases it's currently reviewing.'' 

On July 24, the city of Los Angeles is scheduled to vote on a dispensary ban similar to the one enacted by the County, but just rejected by the court of appeal. 

"The (appellate court) decision puts a giant wrench into the plans of City Attorney Trutanich to persuade the City Council to enact a ban," said Elford.

–City News Service

AWC July 05, 2012 at 09:07 PM
funny stuff DLR, No different then caffeine bro!!! Which 3/4 of the nation is addicted to btw, and its bad for you, THC/CBD's actually heal the body, educate yourself you sound very foolish, If they want to do some good they can make alcohol illegal and fix the economy, what you dont know is that theres billions of dollars made by the pharmaceutical companys and there tied to politicians, And they aint given up the FULL COURT EXTORTION of your dolllars and Insurance deductables to the tune of 50 billion plus a year!! The active ingredient CBD is already produced by the body in small amounts, its a anti depressent, anti inflamatory, its KILLS cancer cells. Please educate yourself before you go spewing misinformation or bad data please. Go google the following. Rick Simpsons Healing oil, Phoniex Tears, Project CBD. Cannabis Science Inc. God forbid someone in your family is ill, depressed, has Hep C, Cancer etc and there only choice for healing is to consume manmade synthetic chemicals that cost 10's of thousands of dollars for your care, or you could grow a plant, Strains are now tested for THC, CBD, Terpines, there profiled and there are certain strains for certain needs. Educate yourself, its fun and you'll be a smarter person!
Frank Mockery July 06, 2012 at 07:06 AM
MEDICAL MARIJUANA - IT'S GOOD FOR YOU !!! TRY SOME TODAY !!!
Marc Schroeder July 06, 2012 at 05:20 PM
I wonder if this ruling will be enough for our local city councils to pull their heads out of the dark stinky place and start allowing dispensaries to operate out of the shadows as they currently are, or is it going to take more lawsuits, legal fees and multimillion dollar judgements? Hmmm, perhaps now would be a good time to open one?
Marc Schroeder July 06, 2012 at 05:26 PM
Why do you care Bobo? You have no respect for the man or the fact he is your president, perhaps your obsession with him has to do with deeply rooted homo-sexual urges to do it with a half black man? Ask your Mother if she is willing to take you to a Psychiatrist to find out.
Chris Davidson July 17, 2012 at 01:12 PM
You obviously have not a clue to what you are talking about. Alcholhol and weed are not cut from the same clothe. When did you hear a man coming home "High" and beating his wife and kids? Or sleep with someone they usually wouldn't. Alchohol causes pancreaites, stomache cancer etc... Stomache ulcers, violant outbursts, abusive acts and thoughts. Give me a reason not to go on and make a fool, clown, idiot, schmuck, bozo, foolish person you made yourself out to be by making these over the top preminisions like your some Nastrodaumus or something. Roll it, Light it, Smoke it!!! <ZZZZZZZZZZZZ#~~~~~~~~~~~~ ahhhhhhhhhhhhhh..... YOU BAFOON!!!!

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