Upholds ban on medical marijuana dispensaries and preserves local control
Riverside –California’s Supreme Court recently released a 7-0 decision in favor of the City of Riverside supporting the local ban on facilities that distribute medical marijuana. The ruling upholds the lower court’s finding that Riverside’s ban on medical marijuana dispensaries and collectives is valid. The decision states that cities have the authority to regulate use of its own land, including the authority to provide that facilities for the distribution of medical marijuana will not be permitted to operate within its borders.
“Today’s Supreme Court decision is a resounding victory for all cities and counties throughout the state” said Riverside Mayor Rusty Bailey. “This case was less about medical marijuana and more about local control. It maintains local governments’ ability to listen to its constituents and make decisions accordingly”.
Cities that currently have bans in effect will be allowed to continue to restrict medical marijuana dispensary or cooperative activity.
Prompting Riverside’s move to ban dispensaries and collectives were a number of complaints to the Riverside City Council and the City Attorney about increased crime and nuisance activity resulting from medical marijuana dispensaries in neighborhoods. Increased crime activity included armed robberies, sales to minors, and persons driving under the influence of marijuana.
Riverside City Attorney Greg Priamos said, “I am pleased with this outcome. It reaffirms the actions of the Riverside City Council – – that the City Council properly and prudently exercised its land use powers to ban an unacceptable use consistent with the wishes of its constituents and in the best interests of the community.”
This decision now clears the way for Riverside to shut down the remaining dispensaries and to recover hundreds of thousands of dollars in taxpayer funds from the operators and property owners that have been spent in this four-year battle to abate these nuisances.