ANALYSIS OF THE RECENT COURT APPEAL DECISION BY ATTOURNEY MICHAEL CHERNIS

” The Court of Appeal decision this week in County of LA v. AMCC is probably one of the most significant, if not the most significant, opinions to be issued by a California Court concerning the legality of dispensaries, and the illegality of bans on dispensaries. The decision affirms (1) that .775 and other provisions of the MMPA authorize storefront dispensaries, such that (2) a permanent ban such as the one in the County of Los Angeles is pre-empted by the MMPA, that (3) .768 which allows cities to regulate the “establishment” of dispensaries on a local level does not mean they can “ban,” and (4) effectively distinguishes earlier decisions by the very same Court of Appeal (albeit different divisions of that Court) suggesting bans are okay.

This case will no doubt be appealed by the County and granted appellate review by the Supreme Court of California, to be decided along with at least two other decisions on bans, one from the 4th COA finding they are not pre-empted, and a conflicting one from another division of the 4nd (Lake Forrest) reaching the opposite conclusion, meaning that the issue will remain somewhat unresolved until early next year. I expect (hope), however, that the Supreme Court will adopt the reasoning of AMCC, and reject the bans, opening the doors a bit more for the establishment of dispensaries, although there is still the sticky question of whether cities can license them (See Pack). In the interim, this breathes new hope for those persons seeking to create storefronts in areas with bans, particular if those cities are located within the parameters of the 2nd district COA (LA, Ventura, Santa Barbara, San Luis Obispo), and my firm can assist in those endeavors. Unincorporated areas of LA County are still a bit tricky because the LA County law apparently reverts back to the prior requirement, which necessitated a CUP which can take up to a year and cost about $15,000. But if those steps are initiated now, and followed, it could mean a golden ticket for a lucky applicant or several.”

QUOTE FROM:

Michael Chernis
Abner Chernis, LLP
(310) 566-4388
mchernis@abnerchernis.com