Three Judges on Los Angeles Appeals Court Unanimously Agree: Dispensaries Are Legal Under California State Law

What’s the right revenue per square foot? What’s a realistic business outlook for cultivators? Get realistic market forecasts, state-by-state insights and benchmarks. Get the 2023 Factbook.

By Anne Holland

On Monday the Los Angeles County 2nd District Court of Appeal unanimously overturned a ban on medical marijuana dispensaries, indicating dispensaries are legal under state law, and individual municipalities cannot ban them.

The reverberations are already being felt. Tuesday night San Leandros City Attorney Jayne Williams asked the City Council to delay their formal vote on banning dispensaries until she could review the new legal decision. The vote had been scheduled for over a year. Williams has promised to get back to the City Council with a formal opinion by July 16th.

The result will be more ban-vote delays in cities throughout LA county, as attorneys expect the matter to work its way up via appeals to the California Supreme Court.