State Appeals Court Rejects Ban on Medical Marijuana Dispensaries

A state appeals court affirmed the legality of medical marijuana dispensaries under California law and rejected bans imposed by municipalities.

A three-justice panel of the 2nd District Court of Appeal held July 2 that Los Angeles County's ban on medical marijuana is "preempted" by state law. 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 city of Walnut has a ban on medical marijuana dispensaries.  Earlier this year, , a dispensary that was located in the 20000 block of Valley Boulevard.

Natural California Medicine filed a complaint, but a Los Angeles County Superior Court dismissed it, forcing the storefront to close.

Los Angeles County sued the Alternative Medicinal Cannabis Collective in March 2011, which eventually led to this latest ruling. 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 24th, 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.