Lawsuits against cities with bans on dispensaries
A handful of cities have even gone as far as permanently banning dispensing. These bans are clearly in violation of California state law, as SB420 underscores patients' right to access to medication and specifically mentions dispensing collectives. As of October 6, 2005, there are at least fifty-six localities with moratoriums and thirteen with permanent bans.
ASA is hopeful that through litigation, local governments will realize not only that permanent bans are unacceptable as they punish the vast majority of California patients (who mainly rely on dispensaries), but also that we’re here to guide them through the process of establishing reasonable and sensible regulations.
ASA reacted to this blatant act of blocking access to medical marijuana by filing a civil lawsuit on April 25, 2005 against the City of Fresno, one of the first cities with such an ordinance.
In order to restate our position that permanently banning dispensing is an unacceptable option to providing safe access to medical marijuana, ASA has filed three more lawsuits against cities with permanent bans: Concord, Pasadena, and Susanville. Each lawsuit includes a prospective dispensary operator plaintiff and a patient plaintiff. The lawsuits were filed symbolically with a press conference on October 6, 2005, the day that California’s civic officials across the state met as the League of Cities in San Francisco.
