Cities Balk as Federal Law on Marijuana Is Enforced

[DreamSmoker]

10. Here are the Facts

Last edited Thu Jul 5, 2012, 02:58 PM - Edit history (1)

On the issue of whether dispensaries are legal under state law, the AMCC court ruled that, "[T]he repeated use of the term 'dispensary' throughout [Health and Safety Code section 11362.768] and the reference in subdivision (e) to a 'storefront or mobile retail outlet' make it abundantly clear that the medical marijuana collectives authorized by section 11362.775 are permitted by state law to perform a dispensary function." The AMCC further held that, "[Los Angeles] County's total, per se nuisance ban against medical marijuana dispensaries directly contradicts the Legislature's intent," and called that contradiction "direct, patent, obvious, and palpable."

This landmark decision comes as a number of other state appellate court rulings impacting dispensaries have been granted review by the California Supreme Court, including Pack v. City of Long Beach, which addresses how localities can regulate distribution, and City of Riverside v. Inland Empire Patient's Health and Wellness, which deals with whether municipalities can permanently ban distribution. The California Supreme Court could also decide to review the AMCC ruling, which it will decide in the next several weeks.

http://www.opposingviews.com/i/health/addiction/california-appeals-court-medical-marijuana-dispensaries-are-legal

http://americansforsafeaccess.org/downloads/AMCC_Superior_Court_Decision.pdf