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Preemption Dispensaries

The Challenges of the Evolving Marijuana Industry: Reconciling State Legislation with Federal Prohibition

Cultivation, production, distribution, or possession of marijuana is a federal criminal offense under the Controlled Substances Act (the CSA). Yet, despite federal prohibition, state-sanctioned marijuana industries have...more

California Cities and Counties Can Allow, Restrict, Limit or Exclude Facilities that Distribute Medical Marijuana

by Wilson Elser on

The California Supreme Court ruled unanimously on May 6 in City of Riverside v. Inland Empire Patients Health and Wellness Center that cities and counties have the right to ban medical marijuana dispensaries within their...more

California Cities And Counties Can “Just Say No” To Medical Marijuana Dispensaries

by Perkins Coie on

The California Supreme Court has unanimously upheld a local ban on medical marijuana dispensaries, holding that the ban was not preempted by state statutes governing medical marijuana. The decision does not come as a...more

Medical Marijuana Dispensaries Are Now Operating in Arizona

by Littler on

On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana...more

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