In a decision that could have immediate fallout for medical marijuana dispensaries, a state appeals court has ruled that California law allows cities and counties to ban the stores. The contentious issue has bounced through the state courts for years, but the opinion issued Wednesday is the first published one that directly tackles it and does so in unambiguous language. The decision could embolden more cities and counties to enact their own. It also could spur those that have bans to be more aggressive about seeking court orders to close defiant dispensaries.
Recently, the California Medical Association, representing more than 35,000 physicians, the largest statewide physician organization in America, boldly decided to adopt a different, more pragmatic approach to the polarizing issue of marijuana decriminalization. The decision – the result of a carefully considered process, painstakingly researched and debated for more than one year – is centered on one concern above all others: patient safety.