Riverside County Judge Finds County Marijuana Dispensaries Ban Violates State Law

Riverside County cannot unilaterally order the closure of all medical marijuana dispensaries, a judge ruled today, saying such a ban violates the state law that allows them to operate.

Riverside Superior Court Judge Ronald Taylor ruled that a ban on medical
marijuana dispensaries is pre-empted by state law. That echoes a recent ruling by a state appellate court, which found that local governments cannot completely ban medical marijuana outlets without providing an alternative
distribution method.

Matthew Pappas, one of the attorneys challenging a ban in Riverside County, hailed Taylor's ruling.

"The judge's decision squarely follows state law," he said. "The court properly analyzed the compassionate use act voted in by the citizens of California for the benefit of California patients."

California voters approved Proposition 215, which legalized medical marijuana, with 55.6 percent of the vote in 1996, but regulating outlets has proved troublesome for many cities, prompting some cities to effectively zone them out of existence or ban them outright.

Jeffrey Dunn, an attorney representing the county, vowed to appeal the decision. 

"Today is one of the rare situations where the court didn't get it right," Dunn told the Riverside Press-Enterprise.