Court Issues Temporary Injunction against Marijuana Dispensaries in the City of Fresno
10/09/2009

Judge Alan Simpson of the Fresno County Superior Court today issued a Temporary Restraining Order halting the operation of nine marijuana dispensaries operating within the City of Fresno. The order effectively shuts down the operation of these dispensaries because they do not comply with the Fresno Municipal Code.

In 2007, the Fresno City Council approved an ordinance regulating the establishment of medical marijuana dispensaries and cooperatives within the city. The ordinance requires that such facilities be in compliance with both state and federal law. While California state law creates a qualified defense from criminal prosecution for certain patients in California to obtain and use marijuana for medical purposes, federal law does not permit its sale or distribution.

City Attorney Jim Sanchez said "Judge Simpson's ruling is consistent with California law and reaffirms the City's right to ensure that land uses within the City are operated consistent with the law to protect public health and safety."

Today’s order states, “The court issues this Temporary Restraining Order enjoining the Defendant dispensaries and owners and their agents or employees, from selling or distributing marijuana from the dispensaries.” The ruling remains in effect pending a hearing on a Preliminary Injunction on October 22.

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