California Court find Medical Marijuana Dispensary to be Public Nuisance Per Se

Defendant applied for business license with the City of Monterey, California, but did not disclose the business would be dispensing medical marijuana. City ordinance prohibited dispensing medical marijuana, so city tried to close the business as a public nuisance. Court of Appeal held: Operating a marijuana dispensary under the pre-moratorium City Code constituted a public nuisance per se.
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.