A main success for patient's rights lawyers and those devoted in the battle for safe and legal weed dispensaries in Los Angeles.
State appellate court judiciaries in City of Lake Forest v. Evergreen Holistic Collective have ruled in favor of weed dispensaries and rejected the case that cities could ban these businesses by using local nuisance regulations, thereby circumventing the voters' clear choice some years ago to legalize the use and sale of marijuana for medical purposes.
California medical marijuana attorneys have work exhaustively on behalf of medical marijuana collectives in Lake Forest and the near areas. And we know that this judgment goes in opposition to an earlier beginning ban that was passed down by an Orange County judge about two years ago. That judgment would have shuttered Lake Forest's Evergreen Holistic Collective, but a stay was concerned until a higher could take a judgment.
In the provisional, federal authorities shut down the action a few months ago. A hearing on that issue is scheduled for later this month.
Still, this ruling is epic for weed dispensaries throughout the state because it means that while municipalities do have the power to regulate these legal businesses, they can't continue to ignore the will of the people by trying to shut them down by using nuisance laws.
One justice wrote that the city had asked for the nuisance injunction not because the weed dispensary was being operated offensively or due to any complaints by local residents, but rather because it was operating period. The justice went on to say that while he unspoken the decision may dissatisfy some, legislators and policy makers are hop by the will of the people.
"Although courts will continue to resolve disputes over the meaning of the (Compassionate Use Act) and (the Medical Marijuana Program Act's), policy choices about the role of medical marijuana in California state, including any changes or adjustments that may be made, rest ultimately with the people and their representatives," the justice wrote.
California medical marijuana defense attorney Damian Nassiri wrote:
"Based on this holding, the City of Sante Fe Springs may not ban collectives as they have done. They also may not try to rid their city of weed dispensaries using strong-arm tactics, such as sending the cease desist letter to the Plaintiff, demanding that they evict the defendants."
While the ruling backs the right of these weed dispensaries to continue to control, they did decide that non-profit medical marijuana collectives may only dispense marijuana from the place in which it was grown. That means it can't be grown wherever and then transported to be sold in a storefront.
This is a hard-won success for those who buy and sell marijuana for doctor-prescribed, medical purposes. These individuals have been frequently stressed by state and local officials, who have continued to try to prevent their action at every turn.
Representatives for Evergreen said that what mattered most in this case was the capability to be able to work in their society, rather than having to convert to San Diego or L.A. to have gained their medicine.
Still, the fight is not over yet. The issue of dissimilarities between state and federal law has yet to be ruled upon by the nation's highest court.
These types of cases will continue to be of top concern for everyone in California, and our medical marijuana defense attorneys will continue to stand on the front lines in defense of the rights of medical marijuana collectives, growers, patients.
The THC Support recommends skilled and aggressive illustration to the medical marijuana industry in California, throughout Palm Springs, Victorville, Hesperia and La Puente. Call 1-800-594-2260 for a private meeting to discuss your rights.
1) Get Medical Marijuana Card in California
2) Find Medical Marijuana Doctor in California