AirTalk for March 2, 2012

Court rules pot shops okay, with limits

Medical Marijuana Club Seeks Site In Fisherman's Wharf

Justin Sullivan/Getty Images

Product at a typical marijuana dispensary.

The California Court of Appeals Wednesday ruled cities cannot ban medical marijuana dispensaries. But there's a caveat: pot shops will have to grow and sell cannabis at the same location. In other words, no passing the weed to other members.

A three-judge panel in Santa Ana delivered the unanimous ruling in a multi page report in the case of the City of Lake Forest vs. Evergreen Holistic Collective - one of several collectives the city closed for violating a ban on marijuana dispensaries. Judges struck down the zoning law in Lake Forest. They described it as "a total bar contradicting state law." Attorneys in the case are expected to appeal the decision. The ruling is the first in California to stop cities from enacting zoning restrictions that ban cannabis stores.

WEIGH IN:

What are the ramifications? Will more storefront owners be forced to shut their doors in the wake of the decision that says they must sell weed only on site?

Guests:

Jeffrey V. Dunn, Attorney representing the City of Lake Forest in this case; Partner, Best Best & Krieger law firm with offices across California and in Washington D.C.

Jane Usher, special assistant Los Angeles City Attorney

Read the entire report in the case of the City of Lake Forest vs. Evergreen Holistic Collective here:

City of Lake Forest v. Evergreen Holistic Collective, No. G043909 (Feb. 29, 2009)


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