State Supreme Court Rules on Marijuana Dispensaries

The California Supreme court delivers a blow to the state's medical marijuana dispensaries.

Local cities and counties have outlawed and shut down most marijuana dispensaries.

The high court gave them state power to do so.

Local governments have used federal law for the past several years to shut down medical marijuana dispensaries. It's illegal under federal law to distribute marijuana. Now there is support from the state.

For years cities and counties in Central California have battled with medical marijuana dispensaries.

The City of Fresno was the first in this area to ban so-called pot shops.

Others followed, including FresnoCounty.

“My belief all along was that Prop. 215 didn't allow for these dispensaries in the first place they are not primary care givers as stated in the law,” said Fresno Sheriff Margaret Mims.

Mims was pleased with the decision from California's Supreme Court.

The ruling was on a case out of riverside where dispensaries challenged a ban.

The state Supreme Court said governments can shut the shops down.

“This is going to empower them to enforce the bans that they have in existence,” said attorney Brenda Linder.

Linder has represented dispensaries and medical marijuana collectives in FresnoCounty. And says the high court's decision is a blow to patients.

“If they can travel out of the area to a place like Harbor Side or another jurisdiction that does allow it, or turn to illegal drug dealing,” Linder said.

There are still medical marijuana providers in the Fresno area. The website Weedmaps lists several delivery services and a couple of dispensaries near Fresno.

But with the new ruling, they are in jeopardy. 

There's a bill going through the state legislature right now to regulate medical marijuana and dispensaries.  It would treat marijuana like alcohol, putting standards in place for how it's grown to how it's sold. 

The bill is now moving through committee.