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Administrative/Regulatory

Aug. 2, 2013

Marijuana advocates continue to test law

A decision in May resolved an important issue regarding state vs. local medical marijuana regulations, but advocates continue to raise new questions. By Stephen A. McEwen and Thomas B. Brown


By Stephen A. McEwen and Thomas B. Brown


In May, the state Supreme Court issued its long-awaited ruling on the scope of local zoning authority over medical marijuana facilities. In a decisive victory for local control, the court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., 2013 DJDAR 5811, that the Compassionate Use Act (Proposition 215) and the Medical Marijuana Program Act of 2004 do not preempt local...

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