Anaheim Medical Marijuana Dispensary Ban Case Headed Back To Appeals Court
Orange County Superior Court to hear appeal on city and county power to ban dispensaries
One of California’s most-watched medical marijuana cases is headed back to the state Court of Appeal for what could eventually be a crucial ruling on whether cities and counties have the power to ban dispensaries — as more than 200 cities and 15 counties have already done. In a case that has bounced around the courts, a Superior Court judge in Orange County decided this week that Anaheim’s 4-year-old ban on dispensaries does not violate state law. After presiding over a trial in May, Judge David Chaffee concluded that neither the ground-breaking medical marijuana initiative passed by voters in 1996 nor the state law that followed seven years later preempt local ordinances intended to regulate the distribution of the drug.