Though medical marijuana may be legal in California, cities thus far have no obligation to ensure that patients have ready access to cannabis-based medicines. There have been several attempts by medical marijuana dispensary proponents to get the courts to recognize the right of prospective proprietors and co-ops to establish dispensaries, regardless of what the local zoning code allows. Thus far, these attempts have failed. The most recent attempt in Traudt v. City of Dana Point (2011) 199 Cal.App.4th 886, is no different.
