What is the test for a city's right to prohibit smoking marijuana in public places?
California, United States of America
The following excerpt is from Amezcua v. City of Pomona, 170 Cal.App.3d 305, 216 Cal.Rptr. 37 (Cal. App. 1985):
"The courts will not nullify laws enacted under the police power unless they are manifestly unreasonable, arbitrary or capricious, having no [170 Cal.App.3d 310] real or substantial relation to the public health, safety, morals or general welfare. [Citations.]" (Barenfeld v. City of Los Angeles (1984) 162 Cal.App.3d 1035, 1040, 209 Cal.Rptr. 8.) We conclude that the City's ordinance is constitutional.
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