Judge blocks LA pot dispensary ban

Published: Oct. 20, 2009 at 12:10 AM

LOS ANGELES, Oct. 20 (UPI) -- A California judge has ruled that a moratorium on new medical marijuana dispensaries in Los Angeles is invalid and ordered the city not to enforce the ban.

The ruling came in a lawsuit against the city, filed last month by Green Oasis and several medical marijuana collectives. Superior Court Judge James C. Chalfant found that Los Angeles did not comply with California law when it initially imposed the moratorium, the Los Angeles Times reported.

"The city cannot rely on an expired ordinance," the judge said.

The lawsuit contended the Los Angeles City Council was in violation of state law when it extended the ban until mid-March and argued the ban is unconstitutionally vague, the newspaper said.

The injunction issued Monday applies only to Green Oasis, but it raises legal questions about the city's authority to enforce the moratorium, the report said.

Layers for the city argued the moratorium on new dispensaries is not subject to restrictions under state law because it was implemented in a public safety ordinance, not a zoning ordinance.

The U.S. Justice Department said Monday it will relax prosecution of medical marijuana users in 14 states that permit prescribing pot for some patients. Attorney General Eric Holder said the policy change is intended to divert law enforcement resources to more pressing concerns.

© 2009 United Press International, Inc. All Rights Reserved.
Order reprints


Additional News Stories
Merck denies knowing risk of Vioxx (3 min)
Playboy hires out operations to cut costs (12 min)
UPI NewsTrack Business (18 min)
Insurance fund for bank deposits turns red (26 min)
Tsunami educational Web site developed (29 min)
Most Nickelodeon food ads for junk food (49 min)
GM loses buyer for Saab (52 min)
fark
Police need to find this woman chop-chop
Several pictures of a squirrel with enormous balls. It's what Fark was made for
Britain opens official inquiry into Iraq war, appoints insider to run it. Expect hard-hitting answers...
Beachfront property owners band together to protest the State adding sand to their beaches. Which...
The Institute for Really Bad Ideas is proud to present its latest breakthrough advertising campaign:...
How the mighty have fallen. It used to be that one Ranger could roundhouse kick an entire drug cartel...