Blog Post

Apr 20, 2016

4/20 Getting in your Way? How to Weed Out the Petitioners at your Retail Establishment

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Can stand-alone retail establishments weed out petitioners seeking to gather signatures to legalize marijuana on their private property? Yes, they can(nabis)! California courts have granted injunctions against individuals gathering signatures for ballot measures on private property.
 
In determining whether commercial and retail establishments may restrict petition gatherers on their private property, California courts focus on whether the private property serves as the functional equivalent of a public forum. The factors courts consider are:
 
“the nature, purpose, and primary use of the property; the extent and nature of the public invitation to use the property; and the relationship between the ideas sought to be presented and the purpose of the property’s occupants.”
 
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