Medical Marijuana Dispensaries Enjoined Pursuant To City’s Municipal Code And “Permissive Zoning” Code

by Low, Ball & Lynch

Urgent Care Medical Services, et al. v. City of Pasadena, and related actions
Second Appellate District, Division Four

The City of Pasadena Municipal Code expressly prohibits medical marijuana dispensaries. Pasadena’s Zoning Code states that any land or structure used contrary to the code is unlawful and a public nuisance. This Zoning Code is a “Permissive Zoning” Code whereby any land use not specifically listed or allowed in Pasadena’s Zoning Code is prohibited.

Even though Pasadena’s Municipal Code expressly prohibits medical marijuana dispensaries, several of them continued operating within the city. As a result, Pasadena sought an injunction to forbid the Dispensaries from conducting business. The Dispensaries filed a separate lawsuit against Pasadena essentially asking the court’s permission to continue operations.

In both lawsuits, the trial court found in favor of Pasadena. The Dispensaries appealed. On appeal, the Appellate Court also ruled in favor of Pasadena for several reasons.

First, Dispensaries unconvincingly raised the following sub-arguments: (a) Pasadena had no city ordinance explicitly declaring Dispensaries were a nuisance and an explicit declaration was required,
(b) Pasadena’s Municipal Code merely defined what is a medical marijuana dispensary, (c) Pasadena’s Permissive Zoning Code was insufficient to establish Dispensaries were a nuisance per se, and
(d) Pasadena failed to prove the Dispensaries constituted a nuisance and its City Council did not expressly declare Dispensaries were a nuisance.

The Appellate Court was not persuaded. It held: (a) Dispensaries cited no authority to support their contention that a nuisance must be enumerated in a city ordinance to be considered a nuisance per se,
(b) Pasadena’s Municipal Code stated medical marijuana dispensaries were not permitted and non-permitted uses are a nuisance, (c) courts have historically recognized “Permissive Zoning” as a valid method for prohibiting medical marijuana dispensaries, and (d) Pasadena was not required to prove the Dispensaries were a nuisance because proof is not required when something is declared a nuisance—which is what occurred in Pasadena’s Municipal Code when declaring medical marijuana dispensaries were not permitted and non-permitted uses are a nuisance.

Second, Dispensaries argued Pasadena ordinance 7018 (which prohibited medical marijuana dispensaries) was adopted in violation of the Pasadena Municipal Code requiring notice and a hearing. Government Code section 65009 requires that anyone challenging a legislative body’s decision bring their action within 90 days after the legislative body’s decision. Since Pasadena’s ordinance was adopted in 2005 and this case did not arise until 10 years later, Dispensaries had failed to challenge the ordinance within the 90-day period.

Finally, Dispensaries argued Pasadena was not authorized to initiate legal action by its City Council. However, Pasadena’s evidence demonstrated that the City Council did in fact authorize its City Attorney to initiate legal proceedings against medical marijuana dispensaries illegally operating within the city.


This case is important because it demonstrates how cities can ban medical marijuana dispensaries through their Municipal Codes and “Permissive Zoning” Codes. Pasadena has opted out of the tax bonanza offered by legalization of marijuana.

For a copy of the complete decision, see: Urgent Care Medical Services, et al. v. City of Pasadena


Written by:

Low, Ball & Lynch

Low, Ball & Lynch on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.