The relationship between California and the legalized medical marijuana industry has become even more complicated as a California Supreme Court ruling allows for city and county governments to ban dispensaries from setting up shop.
The ruling is seen as another blow to the once booming medical marijuana industry. Since federal prosecutors within the state have threatened to seize the property of landlords who leased space to marijuana dispensaries hundreds of shops have closed down or been evicted, according to USA Today.
The court's ruling refutes the claim by marijuana activists that allowing communities to ban dispensaries in effect negates the law legalizing medical marijuana.
"While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to the reasonable decision that such facilities within their borders, even if carefully sited, well managed, and closely monitored, would present unacceptable local risks and burdens," Justice Marvin Baxter wrote in the unanimous decision.
According to the Los Angeles Times around 200 local governments have already enacted bans against the dispensaries; more are expected to do so reflecting the court's decision. The court suggested that the dispensaries foster an environment that can be a scourge on a community.
"Facilities that dispense medical marijuana may pose a danger of increased crime, congestion, blight, and drug abuse, and the extent of this danger may vary widely from community to community," the decision read.
Joe Elford, Chief Counsel with Americans for Safe Access, an advocacy group for medical marijuana, urges those who rely on medical marijuana not to overreact to the court's decision.
"While the California Supreme Court ruling ignores the needs of thousands of patients across the state, it simply maintains the status quo," Elford said. "Notably, the High Court deferred to the state legislature to establish a clearer regulatory system for the distribution of medical marijuana, which advocates and state officials are currently working on."
Mayor of San Diego Bob Filner has written that he "urges the Governor's office and the Legislature to craft sensible medical cannabis guidelines, to provide clarity to local governments, and finally to implement the will of the majority of Californians who believe in compassionate use."
Some are worried that allowing communities to ban legal dispensaries will force law abiding citizens into breaking laws in order to obtain marijuana.
"Patients should not be pushed into dark alleys in order to obtain a medicine that has been deemed legal by the voters of California," California Policy Director for Americans for Safe Access Don Duncan said. "The ball is in the legislature's court to establish statewide regulations that both meet the needs of patients and keep communities safe."
