Pubdate: Thu, 19 Jan 2012
Source: Inland Valley Daily Bulletin (Ontario, CA)
Copyright: 2012 Los Angeles Newspaper Group
Contact:  http://www.dailybulletin.com/
Details: http://www.mapinc.org/media/871
Author: Sandra Emerson

SUPREME COURT TO REVIEW UPLAND MEDICAL MARIJUANA CASE

UPLAND - The California Supreme Court decided on Wednesday to review 
an appeal filed by an Upland medical marijuana cooperative.

Counsel representing G3 Holistic in Upland filed the appeal in 
December following a decision in November by the Fourth District 
Appellate Court in Riverside siding with the city's ban on medical 
marijuana dispensaries through its zoning code.

"I'm totally flabbergasted," said Roger Jon Diamond, attorney for G3. 
"I thought they might take it, but you never know for sure."

The co-op appealed an injunction granted by the West Valley Superior 
Court in August 2010 that shut it down along with several other 
co-ops in the city.

The city's zoning ordinance prohibits medical marijuana dispensaries.

The Appellate Court granted a stay on the injunction in June pending 
resolution of the appeal, allowing G3 to remain open.

The Appellate Court ultimately sided with the city on Nov. 9, which 
prompted Diamond to file the appeal with the Supreme Court in December.

G3 closed following a raid by DEA agents on Nov. 1. It reopened on Dec. 30.

The city and G3 are currently in disagreement over whether the stay 
granted by the Appellate Court allows the co-op to remain open.

Diamond argued that the stay is still in effect because the case is 
still pending on appeal.

However, the city contends the Appellate Court's decision on the case 
vacated the stay.

The lawyers met in West Valley Superior Court on Jan. 6 to decide the 
issue, but Judge Barry Plotkin wanted further review of the Appellate 
Court's decision as well as whether West Valley has jurisdiction.

They will reconvene today.

City Manager Stephen Dunn said the city will await today's ruling by Plotkin.

"I would venture a guess the city would accept his decision, so if he 
says the stay is still in effect then we'll back off," Dunn said. 
"There's also the possibility that he might now say it's no longer 
his jurisdiction."

Dunn said if Plotkin does contend that he does not have jurisdiction, 
then the City Council will determine the city's next plan of action.

The city is fighting for the right to ban medical marijuana 
dispensaries through land-use ordinances, but federal laws against 
marijuana will still be an issue even if the Supreme Court rules in 
favor of G3, he said.

"The big thing here is there's a contradiction of federal and state 
law that needs to get worked out," Dunn said.

The Supreme Court also granted the review of two other medical 
marijuana cases, one in Riverside and the other in Long Beach.

Diamond, who has argued 16 cases in front of the Supreme Court, said 
this is the court's first case on the issue of banning medical 
marijuana cooperatives through zoning ordinance.

"This is news for the whole state of California. It's not just a 
local issue," Diamond said. "This affects cities throughout California."
- ---
MAP posted-by: Jay Bergstrom