California cities and counties can ban pot shops, the state's highest court ruled Monday in a unanimous opinion likely to further diminish California's once-robust medical marijuana industry.
The California Supreme Court said neither the state's voter-approved law legalizing medical marijuana nor a companion measure adopted by the Legislature prevent local governments from using their land use and zoning powers to prohibit storefront dispensaries.
The ruling came in a legal challenge to a ban enacted by the city of Riverside in 2010.
"While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to the reasonable decision that such facilities within their borders, even if carefully sited, well managed, and closely monitored, would present unacceptable local risks and burdens," Justice Marvin Baxter wrote for the seven-member court.
http://www.usatoday.com/story/news/...upreme-court-marijuana-pot-store-ban/2139031/
The California Supreme Court said neither the state's voter-approved law legalizing medical marijuana nor a companion measure adopted by the Legislature prevent local governments from using their land use and zoning powers to prohibit storefront dispensaries.
The ruling came in a legal challenge to a ban enacted by the city of Riverside in 2010.
"While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to the reasonable decision that such facilities within their borders, even if carefully sited, well managed, and closely monitored, would present unacceptable local risks and burdens," Justice Marvin Baxter wrote for the seven-member court.
http://www.usatoday.com/story/news/...upreme-court-marijuana-pot-store-ban/2139031/