State Supreme Court rules cities, counties can ban pot shops
SAN DIEGO (CNS) – The California Supreme Court ruled Monday that
municipalities have the authority to ban medical marijuana dispensaries, a road
Mayor Bob Filner said he hopes San Diego won't travel.
In a 7-0 ruling in a case that involved the city of Riverside, the high
court found that the Compassionate Use Act passed by voters in 1995 gave users
a limited protection against arrest, but did not bar cities from regulating
“I don't like it, but that's the ruling,” Filner said. “I would hope
that our city would move to regulated access.”
The mayor recently proposed regulations that would enable storefront
dispensaries to operate in San Diego.
The City Council voted to pursue tighter restrictions than what the
mayor offered. The City Attorney's Office is drafting an ordinance, which could
be available for public vetting in about a month.
The Riverside case has been viewed as a test case. Americans for Safe
Access, an advocacy group that backs medical marijuana, estimates that pot
shops have been banned in about 200 California cities.