P. ex. rel., City Attorney of the City of San Jose v. Revere Group, LLC CA6

Filed 3/30/21 P. ex. rel., City Attorney of the City of San Jose v. Revere Group, LLC CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE ex rel., CITY ATTORNEY H046087 OF THE CITY OF SAN JOSE et al., (Santa Clara County Super. Ct. No. CV320176) Plaintiffs and Respondents,

v.

REVERE GROUP, LLC et al.,

Defendants and Appellants.

A Rastafarian church in San Jose provided marijuana to its members, in violation of an ordinance that allows marijuana distribution only if an entity is registered with the city as a cannabis business. The city sued for public nuisance and the trial court issued a preliminary injunction ordering the church to stop distributing marijuana. In this appeal, the church initially contended the trial court erred in issuing the preliminary injunction for several reasons, chiefly that the city’s restrictions on marijuana distribution unconstitutionally infringe on the free exercise of religion. At oral argument, counsel for the church explicitly abandoned the free exercise argument. We reject the appellants’ remaining contentions and will affirm the order granting the preliminary injunction.

I. BACKGROUND California changed its marijuana laws in 2016, from allowing marijuana solely for medical purposes to allowing it for adult recreational use as well. (City of Vallejo v. NCORP4, Inc. (2017) 15 Cal.App.5th 1078, 1081; Health & Saf. Code, § 11362.1,

subd. (a)(1).) In keeping with that change, the City of San Jose amended its land use regulations, which had permitted limited distribution of medical marijuana, to also allow nonmedical distribution. The city regulates both kinds of distribution through a registration system. The San Jose Municipal Code requires registration to distribute, transfer, or sell marijuana in the city. (San Jose Municipal Code (SJMC) § 6.88.300.) Registration is accomplished by filing a registration form, paying the required fees, and receiving a notice of completed registration from the city manager. (SJMC § 6.88.300(A).) Not everyone is eligible to register, however. In fact, almost no one is: only businesses the city had previously approved to distribute medical marijuana—there are 16 of them— may even apply. (SJMC § 6.88.300(E).) Coachella Valley Church is a Rastafarian church in San Jose.1 In the Rastafarian religion, marijuana is a sacrament. The church holds services on Sundays where marijuana is offered to and used by attendees. The church also sells marijuana to its members. On the first floor, there are display cases with various marijuana products; a price list is posted on the wall. After filling out a membership application and becoming a church member, a person can purchase marijuana. The church advertises on weedmaps.com, a website that bills itself as “the most reliable online resource to find cannabis storefronts.” In the spring of 2017, the San Jose code enforcement department started receiving complaints about marijuana being sold at the church. A code enforcement officer who