Hill

County of Los Angeles v. Hill

Good Law
121 Cal. Rptr. 3d 722·192 Cal. App. 4th 861·2011 Cal. App. LEXIS 161
Court of Appeal of CaliforniaFebruary 9, 2011No. B216432California2,389 words

Opinion

Lead Opinion

Rothschild, J.

Martin Hill and the Alternative Medicinal Collective of Covina (defendants) appeal from an order granting a preliminary injunction prohibiting them from dispensing marijuana anywhere in the unincorporated area of Los Angeles County (County) without first obtaining the necessary licenses and permits required by County ordinances. Defendants contend that the order granting the injunction should be reversed because the County’s *864 ordinances regulating medical marijuana dispensaries (MMD’s) are preempted by state law, inconsistent with state law and unconstitutionally discriminate against MMD’s. We find no merit to any of these contentions and affirm the injunction.

STATUTORY AND REGULATORY BACKGROUND

In 1996, California voters adopted Proposition 215, the “Compassionate Use Act of 1996” (Health & Saf. Code, § 11362.5). 1 The act is intended to “ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana”; “ensure that patients and their primary caregivers who…

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