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David D. Diamond State Bar Certified Criminal Law Specialist

Complete Bans Unlawful

The Second District Court of Appeal in California issued a important decision in County of Los Angeles v. Alternative Medicinal Cannabis Collective (AMCC), whereby the Court affirmed the legality of medical marijuana dispensaries under state law, and rejected bans imposed by municipalities.

The AMCC court found that Los Angeles County's complete ban on medical marijuana is "preempted" by state law and, therefore, void. The AMCC decision reverses a preliminary junction granted to the County by the Los Angeles Superior Court in May 2011. This is an important ruling because it holds that complete bans are unlawful.