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Can a city in california refuse to let you open a mmj shop?

Discussion in 'Medical Marijuana Usage and Applications' started by Rayzon1, Aug 10, 2011.

  1. #1 Rayzon1, Aug 10, 2011
    I live in northern Cali, yolo county specifically and I notice that in the little college town I live in there is not a single dispensary, even though the market here would be huge, obviously. I've talked to friends and they say they the town won't allow it. Can they do this, or would someone have the right to open a dispensary if they wanted?
     
  2. #2 msuchuck, Aug 10, 2011
    I'm assuming, like alcohol, counties can become "dry" if they choose to be.
     
  3. #3 SirBongwalski, Aug 10, 2011
    I think it's counties cause I know my county doesn't have mmj dipensaries around here.
     
  4. #4 Storm Crow, Aug 10, 2011
    Yes, they can. :(
     
  5. #5 wizzardboi, Aug 10, 2011
    hah. let that county go dry. that only means the black market will be making bank selling 375$ zones of dank to those college kids all day. And yeh some counties in cali vote against having dispensaries in their towns, that sucks
     
  6. #6 laidbacksmoker, Aug 10, 2011
    unfortunately they can if they choose.

    so many cities are tyna shut down dispensaries..

    and they are tryna prevent em from goin up.
     
  7. #7 laidbacksmoker, Aug 10, 2011
    unfortunately they can if they choose.

    so many cities are tyna shut down dispensaries..

    and they are tryna prevent em from goin up.
     
  8. #8 ocsurfer, Aug 10, 2011
    My opinion:

    From a legal standpoint this question is still "undecided".

    Cities and counties may enact bans on dispensaries. Many cities and counties have banned dispensaries, and some bans have been challenged successfully (somewhat).

    Whether these bans are legal, however, is still not clear. Much will depend on the final outcome of Qualified Patients vs. City of Anaheim and whether AB 1300 is passed into law.

    In the Anaheim case it has already been decided that cities cannot use federal law as a basis for banning dispensaries. It has not been decided, however, if state MMJ laws preempt city laws banning dispensaries.

    AB 1300, if passed, will definitely put more "teeth" in the ability of cities and counties to ban dispensaries:

    tl;dr

    Cities and counties can enact bans on medical marijuana dispensaries in California, but the legality of such bans has not been decided.
     
  9. #9 Rayzon1, Aug 10, 2011
    Last edited by a moderator: Mar 15, 2016
    Thank you this is a perfect response, I will definitely look more into this case.
     
  10. #10 flapflip, Aug 10, 2011
    Here in bakersfield they can =/
     
  11. #11 flapflip, Aug 10, 2011
    Sorry for the double post all.

    They're actually having a huge debate right here in central cali (kern county) about banning all dispensaries. Google it man
     
  12. #12 nb790, Aug 11, 2011

    all i think about when i hear Kern county... is the fat ticket i got on the 395.. sneaky chp fucker. its kinda desolate there.. just grow your own :wave:
     

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