Wednesday, November 16, 2011

California Medical Marijuana Law Updates

In the Courts:

This has not been a good month for medical marijuana advocates. One appellate court ruled that cities and counties in California have the right to ban medical marijuana dispensaries. This ruling is a published opinion (binding) but will be appealed [Riverside case]. In another case, the Court ruled that Cities and Counties that give permits to medical marijuana collectives are violating state law [Long Beach case].

In the Cities and Counties:

Because of the two decisions mentioned above, and because of the pressure being applied by federal law enforcement, local governments have been backpedaling in their efforts to regulate medical marijuana.

Sacramento: decided to freeze its permit process
Redding: enacted a ban
Santa Cruz: enacted a moratorium
Sonoma: suggested they will be moving towards limiting the number of permits available.

The only good news this month came from grass roots efforts to overrule local politicians:

In Butte County, patients organized and gathered enough signatures for a referendum against growing restrictions. In San Jose, patients gathered close to 50,000 signature for a referendum against an ordinance that would have imposed severe restrictions on patients rights to collectively cultivate their medicine. Local organization seems to be the path to success for patients and this point in time.

Check back for updates. For more information about medical marijuana law, visit our website at www.candell-law.com

Stay well,

Scot

1 comment:


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