California Supreme Court Deems Legality of Storefront Medical Marijuana Dispensaries “Final”
After years of struggling over the issue, the Court of Appeal held that storefront dispensaries are legal under California law, so long as they operate on a not for profit basis and adhere to certain corporate forms. This decision establishes that storefront dispensaries are unquestionably legal under California law and that localities cannot continue to rely on their now-discredited view that all sales of medical marijuana are illegal in order to support their ongoing attacks on medical marijuana dispensaries.
Another important impact of the appellate court ruling is providing medical marijuana providers with a clear defense to state criminal charges. Specifically, the ruling held that in mounting a defense at trial:
Jackson was only required to produce evidence which would create a reasonable doubt as to whether the defense provided by the [Medical Marijuana Program Act] had been established.
The court further held that:
[T]he collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization. Thus, contrary to the trial court's ruling, the large membership of Jackson's collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense.
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