Legal Opinion
City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc.
California Supreme Court
Decided May 6, 2013No. S198638PublishedCited by 63 opinions
1Opinion of the Court
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, § 11362.5,1 added by initiative, Prop. 215, as approved by voters, Gen. Elec. (Nov. 5, 1996)) and the more recent Medical Marijuana Program (MMP; § 11362.7 et seq., added by Stats. 2003, ch.…
2Cases cited21 opinions
- Gonzales v. RaichSupreme Court of the United States · 2005
- United States v. Oakland Cannabis Buyers' CooperativeSupreme Court of the United States · 2001
- Fisher v. City of BerkeleyCalifornia Supreme Court · 1984
- Sherwin-Williams Co. v. City of Los AngelesCalifornia Supreme Court · 1993
- Cohen v. Board of SupervisorsCalifornia Supreme Court · 1985
16 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Ter Beek v. City of WyomingMichigan Supreme Court · 2014
- Maral v. City of Live OakCalifornia Court of Appeal · 2013
- T-Mobile West LLC v. City and County of S.F.California Supreme Court · 2019
- White Mountain Health Center, Inc. v. Maricopa CountyCourt of Appeals of Arizona · 2016
- Kirby v. County of FresnoCalifornia Court of Appeal · 2015
58 more not listed; retrieve them via the Exa API.