ANAHEIM: Dispensary ban legality decision expected today…

A much anticipated decision is expected on whether municipalities can ban medical cannabis collectives. Could this create a free for all and avalanche of access in areas that have attempted to use zoning ordinances to limit patient access to cannabis medicines. It will be interesting. I think it is certain that this decision will be appealed to the CA Supreme COurt, regardless of how it goes. The big question is that if the Appeals COurt finds in favor of Qualified Patients, and in favor of safe access, will there be a stay put pending appeal? Or, will there be a stampede to open collectives in great cities that have unfortunately limited patient rights to well being. We will be on the edge of our seats today…


A major ruling on whether cities have the right to ban medical marijuana dispensaries is due today.

The California 4th District Court of Appeal is considering an appeal of Anaheim’s ordinance that prohibits such dispensaries and makes it a crime to operate them.

The decision has been a long time in coming – opening arguments were heard in September 2009.

The origins of the case date back to July 2007, when Anaheim unanimously approved its ordinance.

A group of medical-marijuana patients sued the city in Orange County Superior Court, but a judge dismissed that case. So the patients appealed to the state court, saying that the Anaheim ordinance was unfair to “qualified patients” and was counter to the state’s Compassionate Use Act, approved by California voters in 1996.

A decision was expected last July and eagerly awaited by attorneys and both sides. But the court posted on its website just after 1 p.m. that the written ruling is now set to be released Aug. 18.

No reason was immediately given by the court for the delay.

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