The City of Fresno has ordered all nine of its medical marijuana dispensaries to be closed, and Fresno County Superior Court Judge Alan Simpson upheld that order.
At issue in this case was whether city zoning laws banning dispensaries can overrule the state laws that allow them.
The judge made two rulings:
1. State law does not pre-empt enforcement of zoning laws.
2. Dispensaries violate federal law, which make them in violation of local zoning ordinances.
This does not bode well for Fresno or for other localities seeking to keep their dispensaries open in the face of continuing opposition from law enforcement. The case goes to trial in January of 2010.
"Maybe they should move to San Francisco," council member Lee Brand said referring to Fresno residents who use marijuana for medical reasons.
http://www.google.com/hostednews/ap/article/ALeqM5gpymBAUoAEPqAqUptJ70h9JP5-tAD9BKDCMG0
At issue in this case was whether city zoning laws banning dispensaries can overrule the state laws that allow them.
The judge made two rulings:
1. State law does not pre-empt enforcement of zoning laws.
2. Dispensaries violate federal law, which make them in violation of local zoning ordinances.
This does not bode well for Fresno or for other localities seeking to keep their dispensaries open in the face of continuing opposition from law enforcement. The case goes to trial in January of 2010.
"Maybe they should move to San Francisco," council member Lee Brand said referring to Fresno residents who use marijuana for medical reasons.
http://www.google.com/hostednews/ap/article/ALeqM5gpymBAUoAEPqAqUptJ70h9JP5-tAD9BKDCMG0