California – Appeals court rules marijuana dispensaries are legal in state

By Wave Wire Services

Court ruling overturned

Court ruling overturned

The California 2nd District Court of Appeal ruled Monday that medical marijuana dispensaries are legal under state law and cannot be banned by local municipalities.

 

A state appeals court has affirmed the legality of medical marijuana dispensaries under California law and rejected bans imposed by municipalities.

A three-justice panel of the 2nd District Court of Appeal ruled Monday that Los Angeles County’s ban on medical marijuana is “preempted” by state law. The decision reverses a preliminary injunction granted to the county by Los Angeles Superior Court Judge Ann Jones in May 2011.

“Los Angeles County’s total, per se nuisance ban against medical marijuana dispensaries directly contradicts the Legislature’s intent,” Justice Robert Mallano wrote in the 19-page unanimous decision.

 

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