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California Court to Decide if Local Governments Can Ban Marijuana Dispensaries

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The California Supreme Court will soon decide whether local governments can ban marijuana dispensaries, according to the Los Angeles Times. The court will hear arguments on February 5, following years of contradictory decisions by lower courts.

Medical marijuana was approved by California voters 16 years ago, the article notes. Since then, more than 200 local governments have banned the dispensaries. Some legal analysts told the newspaper they expect the court to uphold the bans.

“This is a subject matter that requires detailed regulations, and the California Legislature hasn’t done the job,” Alex Kreit, a law professor who has advised San Diego on medical marijuana law, told the newspaper. Kreit said California legislators have not adopted requirements for state licensing and labeling of marijuana. In contrast, Colorado implemented its medical marijuana law with hundreds of regulations, he said.

Many people anticipate California voters will be asked to decide whether to legalize marijuana on the 2014 ballot, the article notes.

Earlier this month, NBC News reported advocates for two competing medical marijuana measures in Los Angeles had gathered enough signatures to have the initiatives appear on the May ballot. Both measures aim to manage growth of medical marijuana shops. In October, the Los Angeles City Council reversed a ban on medical marijuana shops, which they had passed earlier in the year.

1 Response to this article

  1. Royal / January 29, 2013 at 3:12 pm

    “Medical” pot is a hoax; plain and simple. “Medical” pot was created by the pro-pot lobby for addicts, users, and dealers to hide behind. And pot shops facilitate this scam, by fraudulently allowing access to any pot addict and naive young person because they have a tummy ache or blister on their toe. Go observe a pot shop and note who their customers are, it’s laughable. Who would have thought we had so many seriously ill young men. The driving force behind pot shops is profits, not health or safety as they falsely claim. Even the pro-pot leaders agree that pot shops are just a front for illegal drug dealing. Reverend Scott T. Imler, co-author of Proposition 215 said this: “We created Prop. 215 so patients would not have to deal with the black market profiteers. But today it is all about the money. Most of the dispensaries operating in California are a little more than dope dealers with store fronts.” – Alternatives Magazine, Fall 2006, issue 39. Reverend Scott T. Imler also said, “When we wrote Proposition 215, we were selling it to the public as something for seriously ill people… It’s turned into a joke. I think a lot of people have medicalized their recreational use.”- San Gabriel Valley Tribune, February 15, 2007. About a year ago a San Diego leader in the pot industry Craig Beresh said in the San Diego Reader, “The collective directors or owners, whatever you want to call them, they’re not fighting for patients’ rights, they’re fighting for profits. Mr. Beresh’s comments were directed to a group of pot shop owners trying to get cities to allow them to operate, which they ultimately lost at.

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