The city of Long Beach, California can prosecute medical marijuana dispensaries that operate illegally by not adhering to the seaside city’s specific medi-pot ordinance, Los Angeles County Superior Court Judge Laura Laesecke ruled Wednesday.
 
As reported by the Long Beach Press-Telegram, 14 defendants from five different medicinal cannabis dispensaries sought to have their criminal cases thrown out of court based on the position that Long Beach’s medical marijuana ordinance, passed by the City Council in 2010, was invalid because it was pre-empted by Prop 215, California’s statewide medical marijuana law passed in 1996.
 
The five dispensaries were being prosecuted by Long Beach because they failed to shut down after receiving letters from City Prosecutor Doug Haubert in January, informing them that they were not complying with Long Beach’s specific restrictions and permit process, which bans dispensaries from operating in residential areas, near schools or near another dispensary. The Long Beach ordinance also stipulates that all medical marijuana be grown within city limits. City Attorney Robert Shannon sent another letter in February threatening that any operators or landlords of dispensaries that didn’t shut down would face fines and jail time.
 
Every dispensary that was sent a letter closed down, with the exception of the five that took it to court. It is alleged by city officials that there are still approximately 20 dispensaries operating illegally in Long Beach. There are currently 22 legal medical marijuana dispensaries in Long Beach and they are going through the process of obtaining the permits according to the new city ordinance.
 
This ruling could have ramifications when it comes to disputes between medical marijuana laws on the micro-scale, between state and city/county (as opposed to the medi-pot legal conflicts on the macro-scale, when it’s federal law versus state law). As for the 14 defendants from the five Long Beach dispensaries, it only gets worse – not only did Judge Laesecke rule against them, Prosecutor Haubert promised to press to have their cases sent to trial.
 
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