420 Caregivers, LLC v. City of Los Angeles

Appellant in this case is the City of Los Angeles (City). Respondents are various collectives and individual members of collectives (Collectives) currently engaged in the cultivation, distribution, or use of medical marijuana within City limits. 1 In the court below, the Collectives *1324 filed various separate lawsuits seeking to enjoin enforcement of City ordinance No. 181,069 (Ordinance), passed by the Los Angeles City Council (City Council) on January 26, 2010, and approved by the mayor on February 3, 2010. The Ordinance regulates the number and geographic distribution of medical marijuana collectives within City limits. It also imposes a number of other regulations on the operation of medical marijuana collectives within City limits.

The trial court consolidated the various separate lawsuits and, after multiple hearings, preliminarily enjoined enforcement of portions of the Ordinance on the following grounds: (1) violation of the federal right to equal protection; (2) preemption by state law; (3) violation of the state right to due process; and (4) violation of the state right to privacy. The City now appeals from the trial court’s prehminary injunction.

For the…