Sup.Ct.App.Div.;
BR 053028

The Appellate Division of the Los Angeles County Superior Court affirmed a judgment. The court held that a municipal ordinance restricting the location of medical marijuana businesses could not be satisfied by “substantial compliance.”

CHR Herbal Remedies and Orlando Yepes were charged with violating Los Angeles Municipal Code §45.19.6.2(A), which prohibits the operation of a medical marijuana business (MMB) within 1,000 feet of a high school or within 600 feet of a child care facility. Defendants admitted that their MMB was located 880 feet from a high school and 550 feet from a child care facility, but argued that they nonetheless “substantially complied” with the limited immunity provision provided by §45.19.6.3.