California State Court Unanimously Authorizes Local Governments Power to Ban Marijuana Dispensaries (SB 420 & Prop 215)

Last Modified: August 11, 2023
May 6, 2013 | Rabin Nabizadeh | Marijuana

Beginning May 6th 2013, the California state court has unanimously ruled that cities and counties can select to ban medical marijuana dispensaries in their areas if they choose to.  This decision results from several other attempts in both Bakersfield and Riverside to use zoning regulations to fight the 17-year-old California law that allows the sale of marijuana for medical purposes (SB 420 & Prop 215).

What counts as medical marijuana?  All portions of the plant and related products, such as buds, stalks, leaves, resin and fibers all count as marijuana according to SB420.  Remember, included in this category are any related marijuana products, such as edibles, hash, tinctures, waxes and hashish oils.  Yet, in California, only buds count for patients, not leaves or stalks.  In a normal grow cycle of about 100 days, only 7-10% of the cut, fresh plant becomes ‘bud’ and is included in the determination of weight.  Ultimately, a doctor’s recommendation is what determines how much a patient can grow or possess, according to that patient’s diagnosis or need.

Now, it seems that legal dispensaries might be in jeopardy.  If city and state governments are now given control over whether or not dispensaries can operate, then does this signal a change in attitudes toward medical marijuana that are different than years ago?  Whatever the reason may be, it remains to be seen whether Bakersfield and others will follow in the footsteps of Riverside and ban dispensaries through the use of zoning laws.

latest news

February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]

February 6, 2024
Effective DUI Defenses You Can Utilize

Facing a DUI charge can be a burdensome experience and frightening. You might feel like there’s no way to defend yourself, but that’s not true. There are several effective defenses that skilled DUI lawyers use to protect their clients. Understanding these defenses can be crucial in fighting a DUI charge. DUI defenses vary depending on […]

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]