California Court of Appeal

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Conejo Wellness Center, Inc. v. City of Agoura Hills, B237718

Summary judgment for defendant-city in challenge by plaintiff nonprofit collective engaged in the distribution of medical marijuana to its members, to defendant's ordinances that ban and further affect medical marijuana dispensaries, is affirmed, where: 1) Government Code section 65853 is inapplicable to defendant's city ordinance No. 10-379; 2) neither the Compassionate Use Act nor the Medical Marijuana Program Act creates the "right" to cultivate, distribute, or otherwise obtain medical marijuana collectively, as plaintiff's claims, nor do they preempt defendant's ordinances; 3) the permit requirements of the ordinance do not violate substantive or procedural due process; and 4) defendant's ban of collective medical marijuana dispensaries does not violate plaintiff's members' rights to privacy and intimate association under the California Constitution.

Appellate Information

  • Decided 03/29/2013
  • Published 03/29/2013

Judges

  • SORTINO

Court

  • California Court of Appeal

Counsel

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