Marijuana Dispensary Ruling in Riverside Could Affirm Right of California Cities to Outlaw Pot Shops

By Dennis Romero Thu., Nov. 10 2011 at 4:48 PM

ThinkingCouch

A dispensary.

Updated at the bottom: The court said cities can ban dispensaries. First posted at 12:37 p.m. on Nov. 1.

Medical marijuana advocates are steaming mad over a court ruling ... that hasn't even happened yet.

Tomorrow California's Fourth District Court of Appeals (Division 2 in Riverside) will likely affirm its earlier decision stating that the city of Riverside has the right to ban dispensaries.

The Marijuana Anti-Prohibition Project stated that the tomorrow's expected affirmation will help to turn pot distribution "over to the Mexican Mafia - the largest distributor of illicit marijuana in California."

Of course Gov. Jerry Brown recently signed a state law that also confirms cities can outlaw pot dispensaries on their own, so this seems like a moot if not Quixotic battle.

Nonetheless, Lanny Swerdlow of the Marijuana Anti-Prohibition Project says fellow cannabis shop supporters will hold a noontime rally outside court tomorrow (3389 Twelfth St., Riverside).

This particular case tests the right of Swerdlow's Inland Empire Center dispensary to dispense weed.

He argues that his operation had a novel and legal distribution system modeled after a farmer's market -- where growers and buyers could come together.

(If true, this would actually more closely mirror the intentions of California's medical marijuana laws, which legalized the sharing of pot among the seriously ill -- on a nonprofit basis).

Swerdlow contends that the court will set a bad precedent tomorrow:

Most patients will not make the long drive and if they cannot grow their own or join a small collective (most will not be able to), they will obtain their marijuana the old fashioned way - they will buy it from criminals.

[Update]: The Fourth District Court of Appeal yesterday ruled that, yes, cities can essentially an dispensaries. The Metropolitan News-Enterprise:

While "lawful" dispensaries are protected, the justice reasoned, the local government remains free to declare dispensaries unlawful in part or all of the city.

There it is.

[@dennisjromero/djromero@laweekly.com]

Tags:

California appeals court, marijuana, marijuana dispensaries, pot shops, Riverside

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malcolmkyle

An appeal to Prohibitionists:

Most of us are aware by now that individuals who use illegal drugs are going to get high, no matter what, so why do you not prefer they acquire them in a store that checks ID and pays taxes? Gifting the market in narcotics to criminal cartels, ruthless terrorists and corrupt law enforcement officials is seriously compromising our future. If you even remotely believe that people will one day quit using any of these 'at present illegal' drugs, then you are exhibiting a degree of naivety parallel only with those poor wretches who voluntarily drank the poisoned Kool-Aid in Jonestown.

Even if you cannot stand the thought of people using drugs, there is absolutely nothing you, or any government, can do to stop them. We have spent 40 years and over a trillion dollars on this dangerous farce, and practically everybody is now aware that Prohibition will not suddenly and miraculously start showing different results. So why do you wish to continue? Is it that you actually think you have something to lose If we start basing drug policy on science, logic and historical fact instead of empty rhetoric, hate and lies?

Maybe you're a cop, a prison guard or a politician who's scared of losing employment, overtime-pay, kick-backs or those regular fat bribes? But what good will any of that do you once our society has followed Mexico over the dystopian abyss of dismembered bodies and marauding thugs brandishing gold-plated AK-47s & vats of acid? - Prohibition prevents Regulation. You can choose to help us stop this abomination.

Protect our Children - Legalize, Regulate & Tax!

Duncan20903

Say Dennis, I'm confused. Your so smart on all this legal stuff and I'm just a pothead. Could you tell me what the heck Article 3, Section 3.5 of the California State Constitution means? I can't make head nor tails out of it. Thanks in advance!----------

CALIFORNIA CONSTITUTION

ARTICLE 3 STATE OF CALIFORNIA

SEC. 3.5. An administrative agency, including an administrativeagency created by the Constitution or an initiative statute, has nopower:

(a) To declare a statute unenforceable, or refuse to enforce astatute, on the basis of it being unconstitutional unless anappellate court has made a determination that such statute isunconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce astatute on the basis that federal law or federal regulations prohibitthe enforcement of such statute unless an appellate court has made adetermination that the enforcement of such statute is prohibited byfederal law or federal regulations.

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Don't follow the rules and you'll get to stay open. follow the rules and get shut down!

master

I tried to post a video about Obama thanking the Mexican Mafia but the moderator did not like my link to you tube , so look it up yourself , try Cartel Boss , Oh and thanks for nothing Yahoo jerks

Guest

Inland Empire Center Collective runs exactly as described above and has followed every rule the city and overall government has asked them to follow, including taxing a non-profit patient collective. Now patients will be forced to buy from street dealers that sell more than medical marijuana and that money will surely go toward more illegal activity, such as supporting the "Mexican Mafia", human trafficking, cocaine, speed, meth, etc.

master

I urge you to please check out this Video of a cartel member thanking Obama for closing Medical Cannabis shops in California

http://www.youtube.com/watch?v...

Vincent Von Dudler

I'm absolutely for the right to ban dispensaries in inappropriate places AS LONG as you're for ending the federal prohibition and leaving the decision up to local government.

End the federal prohibition and give power back to the local government.Tell your representatives -> http://pvox.co/CdiFqY

Betty

why are they closing the cannabis dispensaries?

Jacob Maloney

Do you guys remember buying pot from the mexicans? it was a horrible time for us MJ users. Their product was really really bad. And...Americans didn't get paid to do this work for us either back then.

Duncan20903

Back in the '70s the pot that came out of Mexico was superb. Only the propaganda writers and some of the youngsters believe that cannabis is umpteen times better. But the Mexicans of today even got the propaganda backwards and they think it was the pot of the 1970s that was supposed to be umpteen times better. Unfortunately, their product reflects this mistake.