Banning the Ban

Court: Los Angeles County’s dispensary ban violates state MMJ laws

Los Angeles County erred when it enacted a ban of medical marijuana, according to a recent court decision. In a complete reversal from an earlier ruling by the Los Angeles Superior Court, Los Angeles County’s ban of medical marijuana has been preempted by state law, according to a ruling this past Monday from the 2^nd District Court of Appeals. It’s a ruling that essentially suggests cities and counties cannot ban dispensaries.

“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, referring to California’s existing medical marijuana laws.

County officials had sought various methods—including a lawsuit filed last year—to shut down Alternative Medicinal Cannabis Collective, claiming that dispensaries encouraged recreational use, for example. Officials also argued that it was within the county’s purview to ban dispensaries—claiming they were a “public nuisance”—since the county was the governing body. The three-justice panel struck down each and every one of these claims in succession and ruled in favor of the defendant.

“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,” Joe Elford, from patient-advocacy group Americans For Safe Access, told LA Weekly blogger Dennis Romero. “This landmark decision should have a considerable impact on how the California Supreme Court rules in the various dispensary cases it’s currently reviewing.”

While this ruling is largely viewed as good news by patients, activists, advocates and other members of the MMJ community, the California Supreme Court still has the option of reviewing this decision.