Appeals court rules cities can ban medical marijuana dispensaries

In a decision that could have immediate fallout for medical marijuana dispensaries, a state appeals court has ruled that California law allows cities to ban the stores.

The contentious issue has bounced around 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, which upheld Riverside’s ban, could embolden cities and counties to enact bans and spur those that have them to seek court orders to close defiant dispensaries.

“I think its impact will be significant throughout the state,” said Jeffrey Dunn, the attorney who argued the case for Riverside in an appeals court hearing last week and praised the decision’s simplicity. “It’s not wishy-washy. It squarely addresses it. And it makes it very clear.”

In the case, a three-judge panel in the 4th District Court of Appeal in Riverside rejected an appeal from Inland Empire Patient’s Health and Wellness Center, concluding that state medical marijuana laws do not prevent cities and counties from passing regulations, including bans.

The same judges also issued a nearly identical unpublished opinion Wednesday, upholding Upland’s ban on medical marijuana dispensaries and an injunction against G3 Holistic.