August 21, 2013 By Wallin & Klarich

In California, the battle continues over the legality of medical marijuana dispensaries. Front and center is the issue of the scope of local zoning authority over medical marijuana facilities. Recently, the state Supreme Court ruled unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center (California Supreme Court – May. 2013), that the Compassionate Use Act (Prop 215) and the Medical Marijuana Program Act of 2004 do not preempt local ordinances that completely ban medical marijuana facilities.

What Medical Marijuana Advocates are Doing


Despite the state Supreme Court’s ruling, medical marijuana advocates are actively pursuing unique cultivation and distribution models. Medical marijuana continues to present questions regarding public safety and land use. A great number of marijuana facilities have decided to shift their business model to mobile dispensary services in lieu of actual storefront operations. The state Supreme Court has been silent as to the extent which local regulatory structures would conflict with the Federal Controlled Substances Act. The Federal Controlled Substances Act prohibits all marijuana possession, cultivation and distribution.

Two major questions remain after the ruling in City of Riverside v. Inland Empire Patients Health and Wellness Center:

  • Can local governments regulate cultivation sites? and
  • Can local governments regulate the transportation of medical marijuana to patients?

Notwithstanding the decision in the City of Riverside v. Inland Empire Patients Health and Wellness Center, marijuana advocates continue to seek out new business models, legislative amendments and voter initiatives in an effort to increase sales of marijuana to the public.

How Wallin & Klarich Can Help with Marijuana Charges

The area of California medical marijuana law is highly complex. Marijuana crimes may trigger punishments for violation of both federal and state drug laws. Mobile marijuana dispensary services are the next issue for California as medical marijuana distributors have gone mobile. There is no doubt that both advocates and proponents of medical marijuana distribution will continue fighting its legality.

If you are in trouble with the law regarding Marijuana charges or if you have interest in bringing legal action to protect your business, it is critical that you speak to one of our highly experienced criminal defense attorneys. Wallin & Klarich has over 30 years of experience in representing individuals charged with drug-related offenses throughout Southern California. Call Wallin & Klarich today at (888) 280-6839 for a free consultation. We will be there when you call.

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