A landlord in San Diego can evict a medical marijuana dispensary because under city zoning laws, pot dispensaries are not legal anywhere in the city, a Superior Court judge has ruled.
San Diego County Superior Court Judge Ronald Prager, in a decision released Monday, said it was permissible for Kimber Investment Group to evict the Medibloom dispensary from the building that the investment group owns in a Rancho Bernardo shopping center.
"Cities ... are the arbiter of zoning laws," Prager wrote. "There's no place in the city of San Diego, including the shopping center in Rancho Bernardo, where a medical marijuana dispensary is a permissible use. It is therefore illegal."
In his decision, Prager also noted that neighbors have complained about increased crime since the dispensary moved in.
The San Diego City Council passed a zoning ordinance for medical marijuana dispensaries, but marijuana activists found it too restrictive and mounted a successful petition drive to put the issue to a public vote.