ASA Chief Counsel Joe Elford argued before the Fourth Court of Appeals that the state legislature barred local governments from using nuisance statutes to ban medical cannabis dispensaries.
"Local governments cannot simply ban an activity that has been deemed lawful by the state," said Elford. "Dispensaries aren't nuisances, they're providers of essential health services."
That argument was bolstered when the court requested additional briefing, and Senator Mark Leno, one of the principal co-authors of California's Medical Marijuana Program Act (SB 420), filed papers telling the court that the legislature's express intention was to facilitate safe access and block such bans.
The case, Qualified Patients Association v. City of Anaheim, was brought by attorney Anthony Curiale on behalf of a dispensary that had been in operation for five months prior to Anaheim instituting a ban in July 2007. The appeal was filed in March 2008 after a Superior Court ruled that Anaheim could prohibit medical marijuana dispensaries from operating within its city limits.
Source: Americans for Safe Access (ASA)
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