The California Appeals Court has refused to reverse a lower court injunction prohibiting a medical marijuana dispensary from operating in an unincorporated area of Los Angeles County. The case is County of Los Angeles V. Hill.
Our Los Angeles medical marijuana dispensary lawyers continue to encourage collectives and dispensaries to join the fight. Marijuana businesses have enjoyed a series of court victories recently. However, in some of those victories the judge only applied the ruling to those businesses which fought the overreaching ordinances established by Southern California cities and counties.
The county filed a nuisance claim against the dispensary owner, claiming the medical marijuana dispensary opened without obtaining the proper business license, a conditional use permit or a zoning variance that would permit it to operate within 1,000 feet of a public library. The dispensary argued such conditions violated state law, which permits the establishment of medical marijuana businesses to serve patients.
The trial court granted the county’s request for a temporary restraining order. While the case was pending, the California legislature passed a measure permitting cities and counties to issue some regulations pertaining to the medical marijuana industry.
The court found the county could regulate medical marijuana business using zoning, just as it does businesses such as bars or car washes. The court also considered the fact that the county has never approved a dispensary permit, but sided with the county’s contention that no business had bothered to complete the process. As far as the $11,500 fee, the court said it found no evidence that marijuana businesses were singled out for higher fees.
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The CANNABIS LAW GROUP offers experienced and aggressive representation to the medical marijuana industry in Southern California– including growers, dispensaries and collectives, patients and those facing marijuana charges. Call 714-937-2050 for a confidential consultation to discuss your rights.