Court rules counties and cities can ban pot shops

November 12, 2011

In a decision that could impact several San Luis Obispo County medical marijuana dispensary applicants, a California appellate court ruled Wednesday that cities and counties can pass laws banning medical marijuana dispensaries. [LATimes]

The decision by the 4th District Court of Appeal in Riverside upholds both Upland and Riverside bans and is expected to empower more California cities and counties to pass laws prohibiting pot shops.

Even though the San Luis Obispo County Board of Supervisors adopted rules allowing medical marijuana dispensaries in 2007, they have since rejected every dispensary application.

Earlier this month, county planning officials approved an application to open a medical marijuana collective in Oceano. However, it is unlikely the board of supervisors, which has extinguished three such proposals in the past five years, will vote in favor of the proposed Oceano dispensary.

Tammy Murray argued for her Compassionate Cannabis Information Center, but Commissioner Tim Murphy, who represents the area in question, cast the lone opposing vote after raising the usual issues of location and federal prohibition.

Sheriff’s officials echoed those concerns, contending that an expensive increase in patrol capability would be needed.

In July, the city of San Luis Obispo rejected three applications for medical marijuana dispensary business licenses, citing zoning code. A previous moratorium adopted in 2004 had expired.

Before Wednesday’s ruling, San Luis Obispo attorney Lou Koory said it was only a matter of time before a new applicant would come forward and challenge the city’s stance on zoning code prohibition of medical marijuana which he referred to as “void.”

Long Beach, a city which uses a lottery for its pot shop approval process, is currently considering banning dispensaries, the LA Times said.

Long Beach City Atty. Robert Shannon told the LA Times the city filed an appeal to the Supreme Court on Thursday noting that, “The law is in total disarray,” and “There is no clarity and consistency.”

“The recent decisions could give the state Supreme Court an opportunity to address critical issues that remain unsettled 15 years after voters made California the first state to allow medical use of marijuana,” the LA Times said. “Despite the state’s groundbreaking status, its medical marijuana program is the most tumultuous.”


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9 Comments

  1. oto says:

    Cities and counties can ban sex shops too, for the same reason they want to ban cannibis, by arguing that both hurt “public morals” and “public health.” So why the double standard? One is as bad (or good) as the other….

    (0) 0 Total Votes - 0 up - 0 down
  2. Willow says:

    Actually, to have any law enforcement make any statement on the issue of marijuana or a dispensary is a conflict of interest because they are beneficiaries of any items they confiscate during any drug bust and add to the “government cache of confiscated (aka stolen) private property”, which they either divy up and keep for themselves to use, or they sell and then put the cash in a pool, up for grabs to any law enforcement agency that writes up a request for funds. How do you think our local sheriff dept got their new tasers? The thing is, all these request for funds are pre-approved by the Board of Supervisors who usually put it on their agenda as items A, which are never discussed, but just passed. It’s all about creating any extortion mechanism they can and then hiding it from public knowledge and scrutiny. So since the sheriff’s dept. can benefit from not supporting legalization, they should recluse themselves from all discussions on marijuana.

    (1) 1 Total Votes - 1 up - 0 down
  3. jms3211 says:

    Stop taking away our rights just because you have a different set of beliefs than what the majority of the people believe. We are watching and will work to get clear thinking, fair people in your positions. If it really doesn’t matter what we vote into law, maybe our elected officials aren’t really officials???? Our county board of supervisors has to either man up and do what is right by the law of the people or risk being replaced next election. If you don’t think this base of medical cannibis users is of consequence…..
    you are mistaken, just ask the old wannabe attorney general, prosecutor from L.A.,

    A can’t imagine why any human being would want to sell their integrity out for the soul sake of big business. This is 2010 and it is time for people to stand up and do what is right.

    (0) 2 Total Votes - 1 up - 1 down
    • bobfromsanluis says:

      “This is 2010 and it is time for people to stand up and do what is right.” Um, close but not quite; it currently is 2011, soon to be 2012, but I do agree with the last part about standing up and doing what is right, assuming that you are talking about following the will of the voters that allows for medical MJ.

      (0) 0 Total Votes - 0 up - 0 down
  4. mkaney says:

    Interestingly enough, I honed in on the exact thing the first couple posters did.

    “Sheriff’s officials echoed those concerns, contending that an expensive increase in patrol capability would be needed.”

    I’m really not sure why anyone asks them anything any more. Because it doesn’t matter what the truth is, they CONSISTENTLY lie or just say something completely irrelevant, especially the devil’s minion, Rob Bryn. This kind of things is happening all over though. It’s almost like instead of one big violence wielding, lying authoritarian government, the United States is made up of thousands of them. When I think about how much money that jackass is taking home, it REALLY makes me angry and frankly, we should find ways to bring some of these guys up on charges. I’ve really had enough.

    (4) 10 Total Votes - 7 up - 3 down
  5. justme says:

    Weed is a “stop and think” drug. Exactly what this country of boneheads needs. It sparked the 60’s upheaval………….one more time, maybe.

    (9) 13 Total Votes - 11 up - 2 down
  6. standup says:

    “Increase in patrol”, my rear end. Based on what? It’s not like they are smoking in there like we KNOW people are drinking at a bar. Come on law enforcement, I’m sure you are aware of the Rand report that stated that crime actually went down in the areas of dispensaries. I don’t give a crap about the DA’s in LA who basically denied the report because the results were not what they wanted and basically forced the Rand Corp. to withdraw it. It’s funny, other reports they produce are believed but when it doesn’t go their way they cry like little girls. This is no different than narcotic agents not reading the guidelines put out by their boss, the Attorney General. People, just remember how the BOS votes on this. If they vote it down, remember it come election time and vote them the f out. I call out any politician in this county to deny the fact this county, by majority is in favor of medical marijuana. It’s in the votes. You are paid the represent the people as a whole, not to defend your personal beliefs. Oh, I forgot, you usually vote in the way of your biggest campaign contributors.

    (9) 15 Total Votes - 12 up - 3 down
  7. Vagabond says:

    How can concentrating the sale of pot, which happens all over the place, in one place cause an increase in patrols?

    (8) 14 Total Votes - 11 up - 3 down
    • r0y says:

      Do not tell the government how to do it’s job of control. They hate that! You go take your logic and common sense and skidattle!

      I for one, officially, cannot wait for additional rules AND regulations. Because just having rules is not as fun until they are torrentially sprinkled with regulations! It’s like being sick and tired, not that anyone in their official right mind would be, but it is just more enjoyable to be both sick AND tired. But not of rules AND regulations. Think I’ll go dig up a George Carlin CD… well, mp3…

      (2) 6 Total Votes - 4 up - 2 down

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