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State Supreme Court Hearing On Pot Dispensaries Could Affect Gilroy

The community is one of many cities whose dispensary ban on medical marijuana facilities will be affected by the ruling.

Whether cities such as Gilroy can ban medical marijuana dispensaries will be the topic of a high-stakes court hearing.

On Tuesday, the California Supreme Court will hear arguments on whether communities can prohibit these marijuana facilities in light of the 1996 voter-approved law legalizing pot for medicinal uses in California.

As detailed in a San Jose Mercury News story, the hearing stems from a Southern California case where a wellness center sued to overturn Riverside's ban on marijuana dispensaries.

Gilroy is one of more than 10 South Bay and Peninsula cities that have some sort of prohibition in place.

Gilroy's ban went into effect in 2010, prohibiting any new pot clubs from opening. One that was already open, MediLeaf, was allowed to remain in business. At the time, it had 1,400 patients, according to a KSBW news report republished on 420 Magazine.

Other Santa Clara and San Mateo cities with bans are East Palo Alto, Hollister, Los Gatos, Millbrae, Morgan Hill, Palo Alto, Redwood City, San Bruno, South San Francisco and Sunnyvale.

There are 21 East Bay cities with bans and two on the Monterey Bay that prohibit medicinal marijuana dispensaries.

The state Supreme Court will hear arguments Tuesday in San Francisco. A decision is expected in the spring.

OldTimeGilroy February 06, 2013 at 02:49 PM
"One that was already open, MediLeaf, was allowed to remain in business." Ummm...'fraid not. The city went to court and shut them down.

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