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California Courts of Appeal

Oct. 6, 2009

Cities and Medical Marijuana Dispensaries

Marc S. Ehrlich of Best Best & Krieger says City of Claremont v. Kruse clarifies which city regulations are not pre-empted by the Compassionate Use Act.

PREEMPTION

By Marc S. Ehrlich

In the 13 years since California voters approved Proposition 215 and adopted the Compassionate Use Act to partially decriminalize medical marijuana use for qualified patients, cities statewide have grappled with how to regulate medical marijuana dispensaries.

Some cities have tried to ban medical marijuana dispensaries due to illegal activity sometimes associated with them. Others have passed regulations allowing d...

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