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If a city denies your business license based on "lack of laws", do they have to differ to the state law?

Asked over 2 years ago - San Diego, CA

I am in the process of opening a medical marijuana cooperative but the city is denying my business license based on the absence of written law concerning the type of business. We are operating within state guidelines. Does that not give us the right to open and operate?

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Scot Andrew Candell

Reputation Level 9

Answered over 2 years ago. Criminal Defense Attorney in San Rafael, CA.

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That is a great question and is currently being contested all over the state. Cities are claiming that if a certain use is not listed in their zoning code then it is forbidden in their jurisdiction. My opinion is that it depends on the particular city's zoning code - some list examples of permitted uses and others give exhaustive lists of the only permitted uses. It's a fairly complicated subject. If you have more questions, you can check out our website or give us a call. Good luck.

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