Can cities ban medical marijuana shops based on federal law that outlaws pot? A state court essentially said no this week, handing a victory to cannabis-shop advocates.
The Fourth District Court of Appeals finalized its order that overturns a lower court’s dismissal of Qualified Patients Association’s suit against the city of Anaheim for closing it down.
The court says Anaheim can’t base its pot shop limits on the U.S. prohibition of cannabis.
“Obviously, the city is disappointed the California Supreme Court did not grant review,” Moses Johnson, an attorney representing Anaheim, said.
Does this mean that dispensaries across the Golden State can fight back against laws like the one in the city of L.A. that has put most of its pot shops out of business?
Probably not. But maybe.