Qualified Patients Assn. v. City of Anaheim CA4/3

California Court of Appeal Jan 15, 2014 No. G046417Unpublished

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Holding. The court held that the City of Anaheim's ordinance banning medical marijuana dispensaries is not preempted by state law, as local governments are authorized to enact such bans and enforce them with criminal penalties.

Issues

Whether state medical marijuana law preempts a city ordinance banning medical marijuana dispensaries.
Whether a city may enforce a medical marijuana dispensary ban using misdemeanor penalties.
Whether a city's dispensary ban improperly burdens or removes criminal defenses provided by the Medical Marijuana Program.

Disposition. Affirmed.

Quotations verified verbatim against the opinion

“Inland Empire determined state medical marijuana law does not preempt total local bans, and we are bound by that conclusion.”

“Dispensary bans are valid under Inland Empire, and QPA’s contention therefore fails.”

“Ensuing misdemeanor prosecution does not remove or burden any defenses created by the MMP because the punishment is for violation of a valid city ordinance, not state criminal law.”

Filed 1/15/14 Qualified Patients Assn. v. City of Anaheim CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

QUALIFIED PATIENTS ASSOCIATION et al., G046417

Plaintiffs and Appellants, (Super. Ct. No. 07CC09524)

v. OPINION

CITY OF ANAHEIM,

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, David R.

Chaffee, Judge. Affirmed. Anthony L. Curiale for Plaintiffs and Appellants. Cristina L. Talley, City Attorney, and Moses W. Johnson IV, Assistant City Attorney, for Defendant and Respondent. Arthur J. Wylene, County Counsel (Tehama) as Amicus Curiae for California State Association of Counties on behalf of Defendant and Respondent.

Best Best & Krieger and Jeffrey V. Dunn as Amicus Curiae for the City of Riverside on behalf of Defendant and Respondent.

Qualified Patients Association, a former medical marijuana dispensary, and its owner and operator, Lance Mowdy, (collectively, QPA) appeal from the trial court’s judgment denying their declaratory relief action in which they argued state medical marijuana law preempted a City of Anaheim (city) ordinance banning medical marijuana dispensaries. During the pendency of this appeal, the California Supreme Court concluded in City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc. (2013) 56 Cal.4th 729 (Inland Empire) that local governments may ban medical marijuana dispensaries without triggering preemption by the Compassionate Use Act of

1996 (CUA; Health & Saf. Code, § 11362.5; all further statutory references are to this code unless noted) or the California’s Medical Marijuana Program (MMP; § 11362.7 et seq.). In supplemental briefing, QPA contends Inland Empire is not dispositive because it did not resolve whether state medical marijuana law preempts local governments from enforcing dispensary bans with misdemeanor penalties typically used

Qualified Patients Assn. v. City of Anaheim CA4/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

CITY OF ANAHEIM,

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