(2010): This case presented the questions of whether SB420, the Medical Marijuana Program Act, forbids California municipalities from banning medical marijuana dispensaries, and whether federal law preempts local dispensary laws. Although the court of appeal did not decide the first question, due to lingering issues about the legality of the collective under state law, it clearly held that federal law does not preempt California's medical marijuana laws governing dispensary regulation -- in other words, state law may preempt local bans on medical marijuana dispensaries without federal law as an obstacle. The California Supreme Court denied review, making final the appellate court's published decision. Click here to view the ruling.
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