Judge: Fresno pot shops must temporarily close

Summary

A Fresno County judge has ruled that medical marijuana dispensaries must stop selling pot while the city fights in court to shut them down.

Story Created: Oct 28, 2009 at 4:01 PM PDT

Story Updated: Oct 28, 2009 at 4:01 PM PDT

Judge: Fresno pot shops must temporarily close
FRESNO, Calif. (AP) — A Fresno County judge has ruled that medical marijuana dispensaries must stop selling pot while the city fights in court to shut them down.

Judge Alan Simpson on Wednedsay upheld an earlier decision to grant Fresno a temporary injunction against nine pot shops in the city.

Simpson also set a trial date for January to decide the legality of Fresno's zoning ordinance that effectively bans the dispensaries.

The city council made it clear in 2006 they were attempting to ban pot shops when they passed a zoning law saying businesses must meet all state and federal laws. Federal laws ban marijuana use.

Attorneys for the dispensaries argue that state laws allowing medical marijuana dispensaries supercede local zoning ordinances.