The Desert IndependentTM

Serving Blythe, California & the Desert Regions of the Southwest

Blythe Bans Medical Marijuana

June 27, 2010

BLYTHE, Calif – Early this year, the Blythe City Council passed an ordinance banning Medical Marijuana facilities in the City of Blythe.  Based on this article, it looks like the federal courts agree.  Below is an excerpt from California Peace Officers Association article written by Marty Mayer.

In three separate matters, judges in both state and federal courts have recently upheld the rights of cities to prohibit medical marijuana dispensaries, on several legal theories.  The most novel approach taken so far was the claim that a person with a disability had the "right" to use marijuana for medical purposes, if it was done under state law and with a doctor’s recommendation.  The United States Supreme Court has clearly stated that the use of marijuana is illegal; thereby affirming that there is no exception for medicinal use under California law."  Furthermore, "our Supreme Court has recognized this principle in Ross v. Ragingwire Telecommunications, Inc.  (2008) 42 Cal.4th 920 when it stated that despite the passage of California’s Compassionate Use Act (CUA), marijuana was not a legal prescription drug …."

These three cases support the efforts to resist the proliferation of medical marijuana dispensaries by banning them based on current law.  Individual cities have the right to establish zoning ordinances which exclude certain types of businesses, such as medical marijuana dispensaries.  Additionally, as the court noted in the Lake Forest and Westminster cases, California’s Government Code section 37100 only allows municipalities to promulgate ordinances which are not in conflict with state OR federal laws.  If a city generates a zoning ordinance which "permits" the sale or distribution of marijuana, for any purpose, that ordinance is in conflict with federal law and, therefore, in violation of Government Code sec. 37100.

Additionally, it is important to note that novel and/or unique arguments can be presented in an effort to overcome resistance to the permitting of dispensaries in a community.  The suit against Costa Mesa, claiming its prohibition was a violation of the ADA, is just such an example.  It is up to each jurisdiction to decide whether or not to allow or resist the opening of such establishments but these cases certainly reinforce prior appellate court decisions which give cities the tools to resist, if they so wish. 

The reality is that a serious conflict exists between state and federal law on this subject.  It is up to each community to decide how to proceed.  This is an area of the law fraught with difficulties and conflict.

Provided by the Blythe Police Department