Marijuana Dispensary Bans On Trial In Calif. Supreme Court Case To Be Heard Feb. 5

By Dennis Romero Fri., Jan. 11 2013 at 4:09 PM

Dank Depot

The case medical marijuana proponents have been watching will head to the California Supreme Court for oral arguments Feb. 5 and could be decided by spring.

City of Riverside v. Inland Empire Patient's Health and Wellness Center could end up deciding whether or not cities can ban pot shops outright.

Today we talked to J. David Nick, attorney for the dispensary who, of course, he thinks the bout will go to patients' rights:

The court's decision is going to determine the future of medical marijuana outlets throughout California. State law cannot be contradicted by local municipalities.

He thinks the decision will force those cities that essentially ban dispensaries -- Beverly Hills, Santa Monica, Culver City -- to open their doors to the establishments.

Nick argues that while it might be legal for municipalities to create zoning limitations for pot shops -- how far away they can be from schools, for example -- it's not legit for them to ban them outright because they don't like the type of business involved.

The case stems from Riverside's own pot shop ban and the city's view that Inland Empire Patient's Health and Wellness Center was a "public nuisance" that had to close down.

According to an appeals court summary, defendants, including other parties such as Lanny Swardlow, contend that ...

Blind Nomad / Flickr

... Riverside's ordinance banning MMD's [medical marijuana dispensaries] throughout Riverside is preempted by state law; specifically the Compassionate Use Act of 1996 ... and the Medical Marijuana Program ...

In 2011 a state appeals court sided with Riverside and said the Wellness Center indeed violated municipal "procedural requirements" that had nothing to do with the city's stance on pot and whether or not state law prohibits marijuana dispensary bans.

Nick insists this is all about banning pot shops outright and not about niggling over city code and zoning rules.

"They're trying to shut them out," he says.

The Wellness Center recently had its state corporate status suspended as a result of the lack of a 2009 state tax filing that Nick says will be dealt with ASAP. Though the suspension could pull the Center out of the case (it would go on because there are other plaintiffs), he says the issue will be remedied by Tuesday.

In the meantime, the attorney is predicting the big decision will be announced by April.

[@dennisjromero / djromero@laweekly.com / @LAWeeklyNews]

Tags:

California Supreme Court, dispensaries, Inland Empire, marijuana, zoning

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malcolmkyle16 topcommenter

Legally regulated (manufacture, distribution and consumption) of marijuana is coming to a state near you in 2013:

CALIFORNIA

“These laws just don't make sense anymore. It’s shocking, from my perspective, the number of people that we all know who are recreational marijuana users… these are incredibly upstanding citizens: Leaders in our community, and exceptional people.”

—Lt. Governor Gavin Newsom (preparing the way for Governor Jerry Brown to initiate proceedings to legalize and regulate marijuana through the state legislature)

MAINE

Maine's legislature is moving on a legalization-and-regulation bill that could bring the state $8 million a year in new revenue.

''The people are far ahead of the politicians on this. Just in the past few weeks we've seen the culture shift dramatically.''

—Rep. Diane Russell of Portland, District 120 (Occupation: Public Relations Consultant)

NEW YORK

"Today, marijuana possession is the number one arrest in New York City." citing the harmful outcomes of these arrests – racial disparities, stigma, fiscal waste, criminalization – and calling on the legislature to act: “It’s not fair, it’s not right. It must end, and it must end now.”

—New York Governor Andrew Cuomo

NEVADA

"Thinking we're not going to have it is unrealistic. It's just a question of how and when"

—Assemblyman Richard (Tick) Segerblom of Las Vegas, elected to the Nevada State Senate in 2012

OREGON

"We have decades of evidence that says prohibition does not work and it's counterproductive. it's a matter of dollars and common sense. There's a source of revenue that's reasonable that is rational that is the right policy choice for our state. We are going to get there on legalization."

—Peter Buckley, co-chair of the Oregon state legislature's budget committee.

PENNSYLVANIA

“Like alcohol, legalization and regulation will make marijuana safer. Each year we not only waste a similar amount ($325.36 million), we leave several hundred million dollars on the table in taxes that we do not collect because marijuana is illegal, rather than regulated and taxed. This horrific policy must end. It is a moral imperative that Pennsylvania wake up and end prohibition now.”

—Democrat State Sen. Daylin Leach, while announcing plans to introduce legislation that would legalize marijuana in Pennsylvania.

RHODE ISLAND

Rhode Island is also expected to legally regulate marijuana through the state legislature instead of a popular referendum.

''Our prohibition has failed, Legalizing and taxing it, just as we did to alcohol, is the way to do it.''

—Rep. Edith Ajello, chairs the House Committee on Judiciary and is a member of the House Oversight Committee.

VERMONT

In November 2012, the state's Democratic governor, Peter Shumlin, cruised to re-election while strongly backing marijuana decriminalization. And the city of Burlington passed a resolution in November 2012 calling for an end to prohibition – with 70 percent support.

ALASKA

Most Alaskans already have a clear view of things from their own back garden. Personal use and possession of Marijuana in Alaskan homes has been effectively legal since 1975.