On May 6, 2013, the California Supreme Court ruled 7 to 0 in City of Riverside v. Inland Empire Patients Health and Wellness Center that the state’s medical marijuana laws do not stop cities and counties from banning dispensaries. The decision ended a two-year legal fight that began with Pack v. City of Long Beach in 2011, and it settled the rule California still lives by: local governments decide whether cannabis stores can open at all.
What Happened
Inland Empire Patients Health and Wellness Center had operated a medical marijuana distribution facility in Riverside since 2009. In January 2009 city planners told the property’s lessee that Riverside’s zoning ban covered dispensaries, collectives and cooperatives alike. In May 2010 the city sued to abate the facility as a public nuisance, and a Riverside County judge issued a preliminary injunction against distributing marijuana there (Supreme Court opinion, S198638).
The Fourth District Court of Appeal upheld the injunction in November 2011, finding that zoning is a traditional local power that state law did not take away (NORML). The Supreme Court agreed to review the case on January 18, 2012.
Justice Marvin Baxter wrote the unanimous opinion. Its opening lines framed the whole question: whether California’s medical marijuana statutes “preempt a local ban on facilities that distribute medical marijuana. We conclude they do not.” The court held that the Compassionate Use Act of 1996 (Proposition 215) and the 2003 Medical Marijuana Program only shielded patients and collectives from certain state criminal and nuisance laws. They did not create “a ‘right’ of convenient access to marijuana,” override local zoning, or require cities to accommodate dispensaries. Justice Goodwin Liu joined the opinion and wrote a short concurrence on the proper test for state preemption.
Background: The Pack Case
When we first covered this fight in August 2012, the bigger news was a different case. In October 2011, in Pack v. City of Long Beach, the Second District Court of Appeal ruled that Long Beach’s permit system for medical marijuana collectives was preempted by the federal Controlled Substances Act, because a city could not license conduct that federal law makes a crime (NORML). Cities across the state, including Los Angeles, pointed to Pack as a reason to stop regulating dispensaries and move toward bans.
Pack never reached a final ruling. Long Beach repealed the permit ordinance at issue and replaced it with an ordinance imposing a complete ban on collectives, and the petitioners’ attorney dropped the federal preemption argument. On August 22, 2012, the Supreme Court dismissed its review as moot (Long Beach Post). The appeals court opinion had already been depublished, so it could not be cited as precedent. Drug Policy Alliance attorney Tamar Todd said the dismissal left “no legal impediment for state and local government in California” to regulate medical marijuana (NORML).
The dismissal settled nothing about outright bans. Americans for Safe Access argued in Riverside that cities could regulate collectives but not ban them. The Supreme Court rejected that nine months later, and said in a footnote that it did not need to reach the federal preemption question.
What Happened Next
The Riverside ruling became the foundation of California cannabis law. Later in 2013 the Third District applied it to a cultivation ban in Maral v. City of Live Oak. The opinion ended with an invitation: “nothing prevents future efforts by the Legislature, or by the People, to adopt a different approach.” Neither did. The 2015 medical cannabis licensing laws and the 2016 adult-use initiative, Proposition 64, both kept local control, so the power Riverside confirmed for medical dispensaries now covers every kind of cannabis business. For the broader story of how federal enforcement shaped the dispensary era, see our history of the federal case against Harborside.
Where It Stands in 2026
Cannabis use is legal statewide, but “cities and counties can prohibit cannabis businesses,” according to the state Department of Cannabis Control. As of February 2026, 284 of California’s 540 cities and counties (53%) allowed no type of cannabis business, and 302 (56%) allowed no retail store (DCC). Our California marijuana laws guide covers current possession limits, home grow and taxes, and our cannabis laws hub compares other states.
City of Riverside v. Inland Empire FAQ
What did City of Riverside v. Inland Empire decide?
The California Supreme Court held on May 6, 2013, that the Compassionate Use Act and the Medical Marijuana Program do not preempt local zoning bans on medical marijuana dispensaries. Riverside’s ban was upheld 7 to 0.
What happened to Pack v. City of Long Beach?
The California Supreme Court dismissed review on August 22, 2012, as moot after Long Beach replaced its permit ordinance with a full ban. The appeals court ruling that federal law preempted the permit system was depublished and is not precedent.
Can California cities still ban dispensaries?
Yes. State law lets cities and counties prohibit cannabis businesses, and as of February 2026 more than half of them allowed no retail cannabis store.
Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.
