Granted in part.
The preliminary injunction is granted only as to the request to prohibit the property from being used as a marijuana distribution facility. The request for a receiver and the injunctive relief sought in connection with said request is denied.
Hall contends that he is not operating a medical marijuana dispensary, but is operating a marijuana dispensary under the Adult Use of Marijuana Act (“AUMA”) (formerly Proposition 64). Hall is not operating a marijuana dispensary under the AUMA. Under the AUMA, Hall will have to be licensed to sell marijuana. Business & Professions Code §26038(a). Licenses will not be issued under the AUMA until 1/1/18. Business & Professions Code §26012(c). As such, he is not and cannot legally operate a dispensary under the AUMA.
Even if Hall is not operating a medical marijuana dispensary, City has provided evidence and authority showing a reasonable probability of prevailing on its first cause of action. There is evidence that individuals pu
Hearing Date
April 24, 2017
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Granted in part.
The preliminary injunction is granted only as to the request to prohibit the property from being used as a marijuana distribution facility. The request for a receiver and the injunctive relief sought in connection with said request is denied.
Hall contends that he is not operating a medical marijuana dispensary, but is operating a marijuana dispensary under the Adult Use of Marijuana Act (“AUMA”) (formerly Proposition 64). Hall is not operating a marijuana dispensary under the AUMA. Under the AUMA, Hall will have to be licensed to sell marijuana. Business & Professions Code §26038(a). Licenses will not be issued under the AUMA until 1/1/18. Business & Professions Code §26012(c). As such, he is not and cannot legally operate a dispensary under the AUMA.
Even if Hall is not operating a medical marijuana dispensary, City has provided evidence and authority showing a reasonable probability of prevailing on its first cause of action. There is evidence that individuals pu