Appeals Court Rules Some Cities May Disallow Medical Marijuana Dispensaries

September 28 - The 2nd District Court of Appeals upheld an injunction disallowing a medical cannabis dispensary in Claremont. The court ruled that the city could deny a dispensary a business permit on the grounds that no such businesses were authorized under the city's land use and development code. It left open the possibility of applying for a code amendment.

The decision applies to situations where a local ordinance states: IF NOT LISTED AS A USE, IT IS PROHIBITED. It does not necessarily apply to other situations, such as the permanent dispensary bans enacted by Anaheim and Fresno, which are still under litigation.

The decision is City of Claremont v Darryl Kruse.

UPDATE 12/4/09: The California Supreme Court denied requests for review and depublication of the ruling.

- D. Gieringer, Cal NORML