CITY OF RIVERSIDE v. INLAND EMPIRE PATIENTS HEALTH AND WELLNESS CENTER, INC.

No. S198638.

56 Cal.4th 729 (2013)

156 Cal. Rptr. 3d 409

300 P.3d 494

CITY OF RIVERSIDE, Plaintiff and Respondent, v. INLAND EMPIRE PATIENTS HEALTH AND WELLNESS CENTER, INC., et al., Defendants and Appellants.

Supreme Court of California.

May 6, 2013.


Attorney(s) appearing for the Case

Law Offices of J. David Nick and J. David Nick for Defendants and Appellants.

Joseph D. Elford for Americans for Safe Access as Amicus Curiae on behalf of Defendants and Appellants.

Gregory P. Priamos , City Attorney, James E. Brown and Neil Okazaki , Deputy City Attorneys; Best Best & Krieger, Jeffrey V. Dunn , Lee Ann Meyer , Roderick E. Walston , Daniel S. Roberts , Laura Dahl ; Greines, Martin Stein & Richland, Timothy T. Coates and Gary D. Rowe for Plaintiff and Respondent.

Carmen A. Trutanich , City Attorney (Los Angeles) and William W. Carter , Chief Deputy City Attorney, for City of Los Angeles as Amicus Curiae on behalf of Plaintiff and Respondent.

Jones & Mayer, Martin J. Mayer , Krista MacNevin Jee and Elena Q. Gerli for California State Sheriffs' Association, California Police Chiefs Association and California Peace Officers' Association as Amici Curiae on behalf of Plaintiff and Respondent.

Burke, Williams & Sorensen, Thomas B. Brown and Stephen A. McEwen for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

BAXTER, J.

The issue in this case is whether California's medical marijuana statutes preempt a local ban on facilities that distribute medical marijuana. We conclude they do not.

Both federal and California laws generally prohibit the use, possession, cultivation, transportation, and furnishing of marijuana. However, California statutes, the Compassionate Use Act of 1996 (CUA; Health & Saf. Code, § 11362.5,...

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