In a move that could have widespread implications concerning cities’ ability to regulate medical-marijuana collectives, the California Supreme Court has dismissed its review of the Pack decision, the case that motivated the City of Long Beach to abandon its 2010 ordinance (LBMC § 5.87) allowing and regulating dispensaries, on the grounds that the courts had ruled that such regulations were preempted by the federal illegality of marijuana.

According to the Court:

[I]n their brief to this court, and by a letter from their counsel, the mandamus petitioners have now abandoned their federal preemption argument in favor of unrelated issues not raised or decided at any prior stage of this proceeding. […] In any event, after we granted review, Ordinance No. 10-0007 was repealed and replaced by City of Long Beach Ordinance No. ORD-12-0004 (Ordinance No. 12-0004), which, with minor exceptions not relevant here, imposes a complete and immediate ban on medical marijuana collectives within the city. The legal validity of Ordinance No. 10-0007 is therefore moot. […]  Accordingly, good cause appearing, review is dismissed. […] All pending motions, applications, and requests in this matter are denied as moot.

“The rationale is that review is not needed because [Matthew] Pappas [viz. the attorney who filed the Pack case] withdrew its argument that 5.87 is preempted by federal law, and also because 5.87’s repeal made the review of its legality moot,” writes Carl Kemp, spokesperson for the Long Beach Collective Association (LBCA) in a release. “What this means is that the federal preemption argument is now moot. The Court of Appeals decision, which was already depublished and therefore not good law anyway, was based solely on the federal preemption.  And since that was an argument made by Pappas, when Pappas withdrew his argument, that effectively means no more federal preemption. So there is NOTHING standing in the way now for the City Council to REINSTATE 5.87!”

More on this story as developments warrant.