Court: Cities Cannot Ban Marijuana Dispensaries

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

But what this means to the city of Diamond Bar, which has limited the number of dispensaries in the city to one through land use ordinance, is questionable.

A three-justice panel of the 2nd District Court of Appeal held Monday 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 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."

Diamond Bar has more of a restriction than a ban. The city is home to the Farm Assist Caregivers collective. It is the one and only facility permitted. All other areas were deemed as inappropriate for a dispensary through land use ordinances.

The business does not advertise and does not even have signage in order to preserve the peace surrounding its location. A check of several marijuana dispensary websites indicates Farm Assist gets a lot of business through referrals.

But the Associated Press points out this does not mean the road is clear for dispensaries. The Court of Appeal said local lawmakers can limit where they locate and require them to obtain operating permits and business licenses, the AP reported.