Supporters of medical marijuana dispensaries in Upland are asking for a court order that would mandate a special election to settle the issue.
If approved, three dispensaries would be allowed to operate legally in the northwest part of the city, according to a report in the Inland Valley Daily Bulletin.
Members of the California Cannabis Coalition are scheduled to appear in Superior Court May 19.
They will ask a judge to decide whether the city violated the state election code earlier this month when the city council voted to place the measure on next year’s general election ballot.
Whether the issue should be settled in a special or general election depends on how the state constitution is interpreted and whether the proposal is considered a tax or a fee. The constitution prohibits deciding a proposed tax in a special election, the report stated.