The California Supreme Court has set Feb. 5 as the date to hear arguments in a Riverside-generated case over whether local governments can ban medical marijuana dispensaries.
City of Riverside v Inland Empire Patient’s Health and Wellness Center came to the court from a November 2011 ruling from the Riverside-based Fourth District Court of Appeal, Division Two.
It upheld Riverside’s assertion that California’s Prop. 215 and laws regulating medical marijuana did not preempt the city from creating ordinances that banned storefront dispensaries, and the center appealed.
There have been rulings from other appellate court divisions on similar cases since then, with one Orange County division turning aside local bans on dispensaries — the opposite of the Riverside ruling.
Published appellate court rulings can be cited throughout the state and are the rule of law for a particular court’s division – in the case of the Fourth District’s Division Two, it’s Riverside, San Bernardino and Inyo counties. When appellate rulings clash, that makes an issue ripe for the state’s high court, which granted review for the Riverside case on Jan. 18, 2012.
– Read the entire article at The Press-Enterprise.