City of Vallejo v. NCORP4, Inc.

Vallejo’s zoning code does not recognize medical marijuana dispensaries as a permitted land use. An unpermitted use is “a public nuisance.” Vallejo recently adopted Ordinance No. 1715 granting limited immunity to medical marijuana dispensaries that meet various requirements, including the past payment of local business taxes. NCORP4, a nonprofit corporation, operates a Vallejo medical marijuana dispensary. Vallejo denied NCORP4’s application for limited immunity for failure to pay taxes, among other reasons, but the dispensary continues to operate. The city sought to enjoin the dispensary as a public nuisance. The trial court denied the city a preliminary injunction, concluding that the ordinance improperly conditioned immunity upon past payment of business taxes. The court of appeal reversed. State law permitting medicinal marijuana use and distribution does not preempt “the authority of California cities and counties, under their traditional land use and police powers, to allow, restrict, limit, or entirely exclude facilities that distribute medical marijuana, and to enforce such policies by nuisance actions.” Local governments may rationally limit medical marijuana dispensaries to those already in operation and compliant with prior law as past compliance shows a willingness to follow the law, which suggests future lawful behavior. View "City of Vallejo v. NCORP4, Inc." on Justia Law