SAN FRANCISCO -- The California Supreme Court on Monday upheld the right of local governments to ban medical marijuana dispensaries, leaving intact a growing movement by political officials to outlaw the pot businesses despite a 1996 state law that permits the use of weed for medical purposes.
In a 7-0 decision, the state's high court concluded that cities and counties have a right to restrict the dispensaries within their boundaries, rejecting the arguments of medical marijuana advocates who maintain local governments cannot bar activity that is legal in California. The ruling could now be used to further bolster local efforts to place stricter regulatory rules on medical pot dispensaries that are allowed to operate.
"Nothing in the (1996 law) expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land, including the authority to provide that facilities for the distribution of medical marijuana will not be permitted to operate within its borders," Justice Marvin Baxter wrote for the court.
At least 180 cities across the state and Bay Area have enacted bans in recent years, from Hollister to Petaluma to Moraga. But the region's largest cities, San Jose, San Francisco and Oakland, have permitted the dispensaries, taxing the revenues while communities in-between increasingly become dispensary-free zones.