State Law Does Not Preempt Local Regulation of Medical Marijuana Dispensaries

Allen Matkins
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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.

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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.

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