Criminal Law News

The California Supreme Court has agreed to review the state’s medical marijuana laws to eliminate much of the confusion that has swirled around these laws.  Last week, the Supreme Court voted unanimously to review the regulation of marijuana dispensaries by local cities and counties.

The Supreme Court is specifically expected to address whether local governments have the authority to bar marijuana dispensaries which are permitted by Proposition 215.  California’s voters have approved Proposition 215 which legalized the use of marijuana for medicinal purposes under a doctor’s recommendation.  However, there has some opposition to these medical marijuana dispensaries.

Federal law does not recognize Proposition 215, and under federal law, the distribution of marijuana in all forms and in any manner is considered illegal.  However, California has approved the medicinal use of marijuana.  Federal and state laws on this matter have conflicted several times, and because of the lack of a coherent court opinion of the on the subject, confusion has reigned supreme.  California criminal defense lawyers therefore have been especially pleased to learn that the Supreme Court will review the conflict between state and federal law as far as medical marijuana dispensaries are concerned.

Last year, a California court dismissed an attempt to license medical marijuana dispensaries in Long Beach.  In that instance, the Court claimed that the local ordinance went against the federal law against marijuana.  In another case, Riverside won the right to close down medical marijuana dispensaries and ban the opening of new dispensaries, on the same basis.

California criminal defense attorneys believe that it’s high time the Supreme Court weighs in on this matter, and clarifies the position of federal law versus state law on this matter.