Sixteen years after Californians approved medical marijuana, the state’s highest court is poised to decide whether cities and counties can ban cannabis dispensaries.
The long-awaited ruling by the California Supreme Court, which hears
arguments on the issue Feb. 5, follows years of contradictory decisions
by the lower courts operating in a void because the state Legislature
has yet to define the law or pass detailed regulations.
If the court upholds bans passed
by more than 200 local governments, as some legal analysts expect, more
such measures are likely to be adopted.
The court also could clarify other parts of the state’s medical
marijuana law, though no one expects its pronouncement to end the
confusion.
"This is a subject matter that requires detailed regulations, and the
California Legislature hasn’t done the job," said Alex Kreit, a law
professor who has advised San Diego on medical marijuana law.
Kreit pointed out that Colorado implemented its medical marijuana law
with hundreds of regulations in a "fairly smooth process." California
legislators have yet to adopt requirements for state licensing and
labeling of marijuana, among other issues.
That has left judges struggling to interpret the law and local
governments uncertain of how to enforce it. Prosecutors also have been
vexed. Atty. Gen. Kamala D. Harris sent letters to legislative leaders in 2011 pleading for action.
"For some reason, the perception in Sacramento has been that this will
go away, that this is radioactive, so there has been a lack of
leadership and commitment on the issue," said Assemblyman Tom Ammiano (D-San Francisco), who last year introduced a bill to regulate medical marijuana. "That is changing."
While such cities as San Francisco and Oakland moved quickly to regulate
medical marijuana, others, such as Los Angeles, failed to act
immediately and were inundated with dispensaries, Kreit said. Once in
place, the medical marijuana providers sued cities that tried to
regulate them.
"Every dot of an ‘i’ and every cross of a ‘t’ is litigated here in Los
Angeles," said Los Angeles Special Assistant City Atty. Jane Usher.
"Nothing has gone unchallenged. Any time you try to regulate, hold on to
your hat because you will spend the next two or three years in
litigation
