California Supreme Court: Cities and Counties Can Ban Marijuana Dispensaries

In City of Riverside v. Inland Empire Patients Health And Wellness Center, Inc. (May 6, 2013) S198638, the California Supreme Court unanimously ruled the City of Riverside was within its rights to use zoning ordinances to prohibit all marijuana dispensaries from operating within its borders. The court held that a Riverside City ordinance making all marijuana distribution a prohibited land use and all marijuana dispensaries a public nuisance not to be in violation of Compassionate Use Act of 1996 and the more recent Medical Marijuana Program of 2004.

The court reasoned that local laws banning marijuana distribution were protected by article XI, § 7 of the California Constitution which gives counties and cities the right to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws of California. Because the Compassionate Use Act and the Medical Marijuana Program only shield dispensaries from prosecution under California state laws, local municipalities are free to regulate dispensaries as they see fit, including banning them altogether.

Court of Appeals Upholds Termination for Medical Marijuana Card-Holder

In Casias v. Walmart (Sept. 19, 2012) 2012 WL 4096153, the Court of Appeals for the Sixth Circuit upheld the termination of an employee who tested positive for marijuana even though he had a state-issued medical marijuana registry card.  Casias was an employee of Walmart in Michigan when he tested positive for marijuana on a drug test and Walmart fired him.  He claimed he never used marijuana at work or came to work under the influence and that Walmart should not be allowed to fire him because he had a state-issued medical marijuana card.  The Court disagreed.

The Court ruled Michigan's medical marijuana law did not prevent employers from firing workers who use marijuana, it just prevented State and local agencies from seeking criminal penalties against card holders.  The Court's ruling mirrors California law.  In Ross v. RagingWire Telecommunications, Inc. (2008) 42 Cal.4th 920, the California Supreme Court ruled California's medical marijuana law does not prohibit employers from firing marijuana users.  Several attempts to change California law to ban the practice have failed, most recently SB 129 which died in committee in February.

ATF Issues Open Letter on Firearms and Medicinal Marijuana

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives issued an open letter to "All Federal Firearms Licensees" outlining the relationship between federal firearms regulations and state marijuana laws.  The letter explains federal law codified at 18 U.S.C. § 922(g)(3) prohibits unlawful users of controlled substances from possessing firearms or ammunition.  Federal law also makes it unlawful to sell firearms or ammunition to someone about whom there is reasonable cause to believe uses or possesses controlled substances, such as marijuana.  Therefore, the letter concludes, it is unlawful under federal law for medicinal marijuana card holders to buy or possess firearms or ammunition, regardless of a particular state's laws.