State Law Does Not Preempt Local Regulation of Medical Marijuana Dispensaries

Local regulation of medical marijuana dispensaries has become an area of increased public concern. On September 22, 2009, the Second Appellate District published City of Claremont v. Kruse (B210084), where it affirmed the trial court's issuance of a permanent injunction preventing defendants (aptly named CANNABIS) from operating medical marijuana dispensaries within the City of Claremont ("City"). This decision is useful to local governments, businesses, and land use practitioners both in regard to its overview of medical marijuana regulation, and its analyses regarding nuisances per se and preemption of local moratoria.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Civil Remedies Updates, General Business Updates, Zoning, Planning & Land Use Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Allen Matkins Leck Gamble Mallory & Natsis LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »