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Can A City Like L.A. Ban Pot Dispensaries Outright?

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Thu, Dec 24, 2009 at 11:32 AM

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While some Los Angeles streets have several medical marijuana dispensaries to choose from for your, er, medical needs (and we're guessing here that, as New Year's Eve approaches, there's going to be a spike in such needs), some cities ban them.

Anaheim is just such a place, but a state appeals court appears to be pondering a ruling that could set a precedent on whether or not such bans are legitimate in a state that allows for the use and distribution of medical marijuana, according to a report in the Los Angeles Times.

The Qualified Patients Association is challenging Anaheim's 2007 law, and its lawyer, Anthony Curiale, tells the paper, "I think that they're leaning toward ruling on the merits of the case."

The Santa Ana-based panel could have tossed the case back to Superior Court, but its recent request for information on the state legislature's intentions in a 2003 medical marijuana law suggests that it's going to make a stand.

The Times states that 130 cities and counties throughout the state have outright bans on retail medical marijuana dispensaries.

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