City of Pasadena Succeeds on Appeal Rendering Cannabis Dispensaries a Nuisance

This entry was posted on Tuesday, April 10th, 2018 and is filed under Cannabis.

The City of Pasadena filed a nuisance abatement action against several medicinal cannabis dispensaries and associated individuals.  Pasadena argued that “This use is prohibited in the City of Pasadena.” Pasadena also stated that “Section 17.78.060A of the Zoning Code states in pertinent part that any use contrary to the code is unlawful and a public nuisance.”  The defendants in that action also filed a lawsuit against the City of Pasadena and Pasadena mayor Terry Tornek, and the two cases were found related.

The city’s request for injunctive relief was granted, disallowing medical dispensaries from operating in the City. Defendants appealed arguing that medical cannabis dispensaries were not a nuisance per se, the ordinance sections were improperly enacted, and the city lacked authority to bring the action.

The court of appeal disagreed and affirmed, holding that “defendants cite no authority for their contention that a finding of nuisance per se must be based on a single statute as opposed to a statutory scheme. Here, the PMC states that medical marijuana dispensaries are a nuisance, albeit though multiple ordinance sections”. Thus, the trial court did not abuse its discretion by prohibiting medical dispensaries from operating in the City of Pasadena.

This spells bad news for the future of cannabis in Pasadena as the city now has precedent to preclude cannabis activity.

Read the opinion here:  http://www.courts.ca.gov/opinions/documents/B277827.PDF

and here:  http://caselaw.findlaw.com/ca-court-of-appeal/1892800.html

By Hiba Adda on April 9, 2018.

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