(CN) – California’s Compassionate Use Act does not bar cities from outlawing medical marijuana dispensaries within their limits, a state appeals court ruled. The 2nd District Court of Appeal upheld an order barring a man from distributing medical pot in Claremont.
Darrell Kruse approached the city in 2006 about his plans to operate a medical marijuana dispensary. Claremont officials denied his application, ruling that such a business was not allowed under the city’s Land Use and Development Code.
Kruse did not apply for a zoning amendment, but on the day of the denial, he opened his business, Claremont All Natural Nutrition Aids Buyers Information Service (CANNABIS).
The trial court found Kruse guilty of operating a business without a license, and the city hit Kruse with 13 citations, but Kruse continued to run CANNABIS.
The city won injunctive relief in trial court, which ruled that the state’s Compassionate Use Act does not bar a city from prohibiting a medical marijuana dispensary within its limits.
The Los Angeles-based appeals court agreed.
“The trial court did not err by concluding that defendants’ operation of a medical marijuana dispensary, without obtaining a business license and permit, constituted a nuisance per se under … the city’s municipal code,” Justice Chavez wrote.