Landlords Can Kick Out Pot Dispensaries, Says San Diego Judge
Citing a zoning ordinance that makes marijuana dispensaries illegal in San Diego, a Superior Court judge gave landlords the right to kick pot shops out of their buildings, reports L.A. Now.
The decision stemmed from a dispute between Kimber Investment Group and the Medibloom dispensary, which has a storefront in a Rancho Bernardo shopping center. Judge Ronald Prager stated in his ruling that the Kimber group had the right to evict the dispensary under the zoning laws, despite the fact that medical marijuana dispensaries are legal under state law.
The city attorney, Jan Goldsmith, noted that landlords who allow pot shops to stick around face the threat of losing their buildings under federal law, which still states that marijuana is illegal.