Recently, the Supreme Court of California ruled that individual cities
have the power to shut down medical marijuana dispensaries.
According to a recent press release,
California Supreme Court held that localities may entirely ban medical
marijuana dispensaries from operating within their jurisdictions in a
closely watched case, City of Riverside vs. Inland Empire Patients Health
and Wellness Center. The result of the Court’s ruling is that tens
of thousands of legitimate medical marijuana patients in California will
be without safe and legal access to medical marijuana. To date more than
200 localities have banned dispensaries outright.
This is exactly what happened in Garden Grove. In fact, the city of Garden
Grove sent out notices for closure to more than 60 cannabis businesses.
If they failed to do so, they would face fines up to $1,000 each day they
stayed open after closure. The dispensaries could also face criminal actions
if they fail to comply with the city's orders.
One individual who frequented the marijuana dispensary stated that "It's
just pushing it back onto the streets," referring of course to marijuana.
This man says that he uses medical marijuana for back pain. Although California
allows for medical cannabis use, individual cities now have the ability
to close down dispensaries. Per the "Compassionate Use Act,"
people can actually grow their own marijuana up to a certain amount if
they do not live in close proximity to a dispensary.
In response, some Garden Grove dispensaries are moving to new locations,
some are leaving the storefront in exchange for delivery-only services
and others are simply closing down. While the city of Garden Grove can
close down actual storefronts, it cannot shut down a delivery service.
This is just one way that the dispensaries could be "sidestepping"
the recent Supreme Court ruling. Possessing marijuana is legal so long
as a person has a legitimate medical prescription. The prescription must
come from a person's primary caregiver and it must be for the treatment
of a recognized medical condition for which marijuana is a known treatment.
At any given time, a person using medical marijuana can possess up to six
mature or 12 immature plants. If a person is found in possession of marijuana
without a prescription, they face an infraction if the possession was
for personal use and not for sale. California has one of the lightest
penalties for marijuana possession compared to other states. Marijuana
is still a Schedule I drug.
If you have been arrested for a marijuana-related offense, get in touch with an
Orange County criminal defense attorney from the Law Offices of Virginia L. Landry, Inc. Our firm is one of the
premier defense firms in Orange County and can provide you with aggressive
defense as well as personalized counsel. Our firm prides itself on one-on-one
attention and our commitment to justice. To learn more, call today and
secure a free case evaluation.