Pubdate: Wed, 06 Oct 2010 Source: Press-Enterprise (Riverside, CA) Copyright: 2010 The Press-Enterprise Company Contact: http://www.pe.com/localnews/opinion/letters_form.html Website: http://www.pe.com/ Details: http://www.mapinc.org/media/830 Author: Jeff Horseman TEMECULA MEDICAL MARIJUANA CO-OP READY TO OPEN Buoyed by a recent court ruling, the organizers of a medical marijuana patients' cooperative in Temecula plan to allow members to bring in and process marijuana by the end of this month. The announcement this week by Cooperative Patients' Services, formerly Qualified Patients Resource Center, marks a new chapter in the group's quest to help medical marijuana users in Temecula, which bans dispensaries. A number of Temecula businesses are licensed to offer medical marijuana referrals. Cooperative organizer Douglas Lanphere insisted Cooperative Patients' Services is not a dispensary. Rather, it is as a nonprofit agricultural cooperative akin to grain farmers who pool their resources to harvest and distribute their crops. The cooperative isn't selling marijuana since the members already own it, Lanphere said. Members pay to cover the costs of growing and handling the marijuana, he said. Patients must belong to the cooperative and help grow and harvest marijuana in order to participate, Lanphere said, adding that members must have doctors' referrals. The cooperative has about 170 members. The cooperative, which rents storefront space on the southern end of Old Town Front Street, will allow members to bring in their marijuana to be processed, Lanphere said. Lanphere and his colleagues have met with city officials to try to persuade them to lift the dispensary ban. But Lanphere said an August ruling by the state Fourth District Court of Appeal gives the cooperative a firm legal footing. The decision pertains to a case challenging Anaheim's dispensary ban. Lanphere cited passages which he said upheld the collective's right to operate and showed that federal law, which bans marijuana, does not pre-empt California's medical marijuana laws. Deputy City Manager Grant Yates said the cooperative's organizers are "absolutely mistaken" if they think the Anaheim decision gives them the right to operate. "If they choose to do that, it is a violation of the city's zoning ordinance, and we will deal with it appropriately," Yates said. If the city moves to shut down the cooperative, Lanphere said the cooperative is prepared to fight the city in court. Mayor Jeff Comerchero said Temecula also is waiting to determine its stance until two cases are heard on appeal. Those cases involve bans on dispensaries imposed by the cities of Corona and Claremont. Lanphere accused the mayor of flip-flopping, noting Comerchero earlier this year indicated the conflict between state and federal marijuana laws was the main hang-up for Temecula. Comerchero replied he's been consistent on this issue. "We have to know definitively what the law is," he said. "At the end of the day when we know what the law is, we'll comply with it." . - --- MAP posted-by: Jo-D