SANTA MONICA, LOS ANGELES COUNTY, CRIMINAL DEFENSE MEDICAL MARIJUANA ATTORNEY, REGULATION OF DISPENSARIES
The City of Santa Monica, in Los Angeles County, effectively prohibited the establishment and operation of medical marijuana dispensaries by not including medical marijuana dispensaries, collectives or cooperatives in the list of permitted uses within the Santa Monica City’s zoning districts. The zoning regulations, listed in Article 9 of the Santa Monica Municipal Code, list specific permitted uses. Land uses which are not specifically listed in the code are deemed unpermitted, and therefore unlawful.
By mandating that any land use which is not specifically permitted is automatically unlawful, the City of Santa Monica banned dispensaries without passing any new ordinance or resolution. Because Santa Monica has chosen to ban dispensaries through its zoning and land use code, the status of mobile dispensaries within the Santa Monica city limits is an open question. It is also an open question whether Santa Monica has opened itself to lawsuits by medical cannabis defense and land use attorneys because its municipal code excludes medical marijuana operations as a permitted land use.
The Santa Monica ban on medical cannabis dispensaries remained in effect as of September 2012. For current up-to-date information about the Santa Monica medical marijuana dispensaries, please do not hesitate to contact one of our attorneys at our law firm.
In 2006, the Santa Monica voters adopted a municipal ordinance mandating that law enforcement activity related to personal, private use of marijuana should be the lowest law enforcement priority. The ordinance did not address the issue of medical cannabis dispensaries.