City of Lake Forest v. Evergreen Holistic Collective

By The Union of Medical Marijuana Patients on February 29th 2012

The trial court’s grant of the preliminary injunction is reversed, where: 1) the legislature determined the activities it authorized at collective or cooperative cultivation sites, including a dispensary function, do not constitute a nuisance; and 2) the city’s total ban, on the grounds that dispensaries constituted a per se nuisance, directly contradicted state law, so it was preempted and furnished no valid basis for the preliminary injunction.

Read the court decision