There are new developments in the legal battle over medical marijuana dispensaries. Call this one a win for the anti-medical marijuana dispensary. We’re watching this in Whittier because  the City Council in October will consider whether to allow one here.

This week, a state appellate court has decided to make its decision upholding the city of Claremont’s right to ban them enforceable on other courts. The publication of the opinion, City of Claremont v. Kruse, means that it is a precedent-setting case. This comes at the same a federal appellate court is considering the same issue, said Claremont’s attorney Jeffrey V. Dunn.

“With this published opinion, cities now have legal guidance on what they can do to regulate marijuana dispensaries,” said Claremont’s attorney Jeffrey V. Dunn. Dunn said the opinion issued by the 2nd District Court of Appeal earlier this week means the Compassionate Use Act does not preempt a city’s traditional zoning or business license decisions.
The opinion also thoroughly analyzes state preemption law and determines that cities and counties can retain their broad police power to regulate and, if necessary, restrict such land uses in their jurisdiction, he said.