tokeofthetown.com — A California Superior Court judge on Wednesday issued a ruling allowing the city of Lake Forest to shut down all medical marijuana dispensaries. An attorney representing the city said the ruling could eventually shut down every dispensary in California.
May 13, 2010 View in Crawl 4
tavisjohnMay 14, 2010
So what... Make pot legal, then make it illegal to sell it?
sgerwel1985May 14, 2010
Apparently not, i guess some politicians in California are intentionally trying to avoid getting out of the debt they are very well buried under.
ammundsenMay 14, 2010
What exactly does supremacy mean though? Is a state required to enforce the federal law? If so then this makes the Arizona immigration law most interesting. Here you have a California court saying state and local government MUST enforce federal law. At the same time you have California cities saying it is wrong for a state to enforce federal laws.
griffinjamMay 14, 2010
"Judge Chaffee ruled that cities are legally prohibited from passing land-use ordinances that violate state or federal law. Under the judge's reasoning, marijuana is still illegal under federal law, so land-use laws allowing medical marijuana dispensaries would be prohibited."This seems pretty damning but it also seems easy to get around. Think of a store like 7-11, they don't get a land use permit to sell gum, or milk, or soda. They get a permit that lets them operate a store that sells various things. If dispensaries got permits that let them work just like a store, then the permit wouldn't violate federal law, since it doesn't specifically call out marijuana.
dty2010May 14, 2010
<a class="user" href="http://en.wikipedia.org/wiki/Supremacy_clause" rel="nofollow">http://en.wikipedia.org/wiki/Supremacy_clause</a>
bjornskiMay 16, 2010
@beforen0wWell, Arnold is now proposing shutting down all welfare in the state because they have no money. So what do you think they're gonna do?Of COURSE they're gonna get rid of a tax-revenue stream and put more people in jail!/police departments make more money off of confiscation than they get from taxed weed
bjornskiMay 16, 2010
And socialized revenues from the sales of their natural resources.Alaskans don't hate socialism. Or they'd give up their oil checks.
seldon2639May 18, 2010
Oi!The ruling doesn't just say that Lake Forest *can* shut them down, it basically says that independent of any other consideration, they could not legally give a zoning permit to a marijuana dispensary.It's not a matter of "we'll let them be dry", but that no municipality would be able to be "wet"
seldon2639May 18, 2010
Inactive, that's cute... But totally wrong.In any case where state law or ordinance or regulation conflicts with a federal law, federal wins. It's not a squishy thing, it's pretty well set in stone. It has been since Andrew Jackson.DTY is correct, the judge is only ruling based on the realities of what the law dictates. California cannot make law which goes against federal law. Period.