California Supreme Court Approves A City’s Right To Prohibit Medical Marijuana Dispensaries

In a ruling that may shock the medical marijuana community, the California Supreme Court recently issued a ruling approving the city of Riverside’s banning of medical marijuana dispensaries via zoning.  Unlike Arizona’s Medical Marijuana Act, California’s proposition 215 (which removed the criminal sanction of cannabis use under a Dr.’s recommendation) did not adopt regulations for the law.  

As a result dispensaries opened everywhere.  Instead of attempting to directly regulate the dispensaries, some cities decided to implement zoning restrictions.  In an attempt to reign in the dispensaries, the California legislature enacted legislation banning dispensaries near schools and that cities and counties could regulate the location, operation and establishment of dispensaries.