Pubdate: Tue, 4 May 2010
Source: Orange County Register, The (CA)
Copyright: 2010 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Authors: Erika I. Ritchie and Ellyn Pak
Bookmark: http://www.mapinc.org/topic/Orange+County
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

JUDGE REJECTS EFFORT TO KEEP POT SITES OPEN

SANTA ANA - A federal judge has rejected a request by four Orange 
County medical marijuana patients for a temporary injunction 
preventing Lake Forest and Costa Mesa from shutting down marijuana 
dispensaries in their cities.

The four patients - Marla James, Wayne Washington, James Armatrout 
and Charles Daniel - argued through their attorney Matthew Pappas 
that the Americans with Disabilities Act gave disabled people a 
federally protected right to use medical marijuana if such use is 
legal under state law and done with appropriate supervision.

The four were asking the court to temporarily prevent the cities from 
taking any further action against medical marijuana collectives; bar 
the cities from violating the rights of qualified people under the 
ADA; award damages for past actions in violation of the ADA; and 
award attorneys' fees.

Pappas argued his clients would suffer irreparable harm absent a 
preliminary injunction against the cities.

U.S. District Court Judge Andrew Guilford's, however, ruled in favor 
of the cities.

In his judgment filed Friday, he concluded: "At this stage, the court 
agrees with defendants. Marijuana is a Schedule I controlled 
substance under the Controlled Substances Act, and under that Act, it 
currently has no medical purpose."

Pappas said he is reviewing the ruling and considering options. 
"We'll certainly consider appealing the to the 9th Circuit Court of 
Appeals," he said.

Jeffrey Dunn, attorney for the city of Lake Forest, said Judge 
Guilford's decision shows a careful analysis of the disabilities act.

"It concluded that the law does not allow the use of marijuana, an 
illegal drug under federal law," Dunn said.

Lake Forest Mayor Peter Herzog said he is pleased the judge sided 
with the cities and he sees it as an indication the state courts can 
proceed with their decisions.

"Essentially the whole purpose of this case was to stop the state 
courts and then they threw in the ADA, which has no merit," Herzog said.

Lake Forest officials are awaiting a ruling on their request to shut 
down 11 dispensaries in that city.

In September, the city sued 35 people, including medical marijuana 
dispensary owners and retail landowners who rented space to them. 
Since then, several of the dispensaries have shut down, though 11 
remain. The city is involved in several lawsuits targeting clusters 
of marijuana collectives based on their locations and ownership.

Shannon Saccullo, who owns Earth Cann Wellness Center, a medical 
marijuana collective in Lake Forest, was disappointed by the court's decision.

"This is a sad day where patients are only bound to Western 
medicine," said Saccullo, who has drastically cut membership at her 
collective by not serving those patients who have medical marijuana 
cards issued by doctors who are under investigation.

"Marijuana is a natural substance," she said "It's sad that the judge 
hasn't educated himself on these healthful benefits."

In Costa Mesa, there are about 10 to 15 dispensaries that are 
illegally operating, according to Deputy City Attorney Jim 
Touchstone. In 2005, the city put a zoning ordinance in place 
prohibiting them in the city.

"I'm pleased, and I expected that ruling," said Costa Mesa City 
Attorney Kimberly Hall Barlow, who added that the city will continue 
to enforce its ordinance unless ordered otherwise by the council or 
the court. "I'm glad that the judge felt the way we thought."

In February, Costa Mesa police began cracking down on dispensaries 
operating illegally in the city without proper business licenses. The 
city's police and code enforcement officers have given out 
cease-and-desist letters to shops, along with arresting some shop 
owners for marijuana sales and possession.

In response, two of the dispensaries that were ordered to shut down 
have filed a lawsuit alleging that Costa Mesa's ban is unconstitutional.

In a complaint filed April 19, Herban Elements, Inc. and MedMar 
Patient Care Collective allege that the city of Costa Mesa's 
ordinance banning medical marijuana dispensaries conflicts with the 
state constitution and bars patients from accessing their medicine.
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