A marijuana dispensary currently operating under a Measure O license can remain open until the state’s Fourth District Court of Appeal decides whether to uphold or overturn a judge’s invalidation of the voter-approved ballot measure.
Judge David Cohn on Friday, April 27, kept the existing stay in place, even as San Bernardino staffers accept applications for commercial cannabis businesses under a new ordinance that is being challenged in court by Stephanie Smith, a Pacific Palisades woman who claims certain requirements violate due process.
“This is a messy situation,” Cohn said in court Friday.
As all parties await the appeal process, San Bernardino can award cannabis-related business permits under its new law.
Should a business owner receive a license during this grey period, the dispensary operating with a Measure O license would be required to comply with the recently-adopted requirements to ensure uniformity among competitors – so long as the requirements are not vindictive or overbearing, Cohn said.
Conditions of that sort could be challenged in court.
Continuing the stay is “disappointing in that our view is the court is meaning well,