Court Strikes Down Portion of Jurupa Valley Cannabis Law

A Riverside County Superior Court has struck down part of a marijuana legalization and tax measure that was passed by Jurupa Valley voters in 2018.

Measure L was a citizen’s initiative allowing cannabis businesses within city limits at tax rates of up to $25 per square foot for retail and up to $3 per square foot for other enterprises. It passed with 53.98%.

How applicants would be evaluated is the issue that prompted legal questions, as the Riverside Press-Enterprise explains:

 

That system separated applicants into two categories — “priority” and “non-priority,” according to court documents, and gave preferential treatment to those designated “priority.”

 

“It just didn’t pass the smell test,” said Orange County attorney Randall Longwith, who said his client Robert Taft, who runs dispensaries across Southern California, wanted to open a store in Jurupa Valley but couldn’t under Measure L because of the disparate treatment.

 

Judge Randall Longwith threw out the prioritization aspect, saying it set up an unconstitutional system. Longwith praised the decision, believing it will create a fairer process.

Jurupa Valley voters are getting ready to decide another cannabis measure this November, Measure U. If approved, retail license recipients would be chosen through a city lottery.


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