Earlier this year, we reported on the case of Qualified Patients Association v. City of Anaheim, which is pending with the California Court of Appeal. The case concerns whether the City of Anaheim’s ordinance banning medical marijuana dispensaries is valid, or if it is preempted by California’s Compassionate Use Act and Medical Marijuana Program (also known as Prop. 215, which passed in 1996).
The case is significant because the number of medical marijuana dispensaries around the state has grown significantly, with many cities such as Los Angeles experiencing major growing pains. If Anaheim’s ordinance is not preempted, then it will likely lead to a number of additional cities banning dispensaries entirely.
Earlier this month, the California Court of Appeal, Fourth District, Division Three, vacated