While local municipalities may not ban people from associating collectively or cooperatively, they can still regulate/ban collective or cooperative ACTIVITIES that involve land use. So, for example, a city cannot stop a collective from forming, but may be able to regulate/ban use of land for the collective grow. One thing the Riverside decision did not discuss is the effect of 11362.77 —the section that sets out the plant and amount limits (6 mature or 12 immature + 8 ounces manicured dried bud). While the Supremes struck this down for per se prosecution purposes in the Kelly case, the court let this stand for presumption of validity for card holders’ protection from arrest. Since the statute allows local municipalities to set higher limits, it would likely be interpreted as the state preempting local regulation/bans that would effectively bar patients from cultivating up to these guideline limits.
Bill Panzer, May 14
