Pubdate: Fri, 17 Feb 2012
Source: Californian, The (Escondido, CA)
Copyright: 2012 North County Times - Lee Enterprises
Contact:  http://www.nctimes.com/news/californian/
Details: http://www.mapinc.org/media/4551
Author: Nelsy Rodriguez
Referenced: Court order on Greenhouse Cannabis Club: http://www.nctimes.com/court-order-on-greenhouse-cannabis-club/pdf_f5480733-cd77-5fab-84a8-c4c4660fc017.html

AMBIGUOUS ORDER LEAVES COLLECTIVE OPEN

A judge approved a restraining order Friday the city of Murrieta had
requested to shutter a medical marijuana collective. But he also
acknowledged the order was ambiguous, and the owners of the collective
said they have no intention of shutting it down.

Riverside Superior Court Judge John Vineyard approved the city's
request for the order against Greenhouse Cannabis Club, a medical
marijuana collective that opened in January.

The order requires Greenhouse to "immediately cease providing medical
marijuana to more than two persons at (the club on Jefferson Avenue)."
And it ordered the collective "not to prevent the city ... from
inspecting the premises."

Although seemingly a win for the city, which has established a
temporary ban on those types of establishments, the order leaves room
for interpretation, said the attorney representing the cannabis club.

Richard Ackerman, who represents the cannabis club, said that as
written the order allows his client, club director Eric McNeil, to
continue providing medical marijuana to legitimate card-holding
patients provided each client is seen individually.

The assertion made during the Friday hearing was not rejected by the
judge.

"It doesn't talk about the number of employees or club members, it
talks about (serving) one person at a time," Ackerman said after the
morning hearing in Riverside. "So I'm advising (them) to schedule one
appointment at a time."

Friday's hearing was a follow-up to a January hearing, during which
Murrieta's legal team was denied its first request to shut down the
cannabis club.

During the first hearing, Vineyard ruled that the city's request that
the club "cease all medical marijuana operations," was too broad and
denied medical marijuana patients rights provided by the California
Compassionate Use Act of 1996.

Vineyard scheduled Friday's hearing to allow the city to write an
order that would target only the sale or dispensing of marijuana.

During Friday's hearing, City Attorney Robert Mahlowitz argued that
including the "more than two persons" clause was the city's way of
complying with state law while enforcing the city's temporary city
moratorium on marijuana dispensaries.

"It was designed that way to respect the right of individuals to use
medical marijuana ... but there's no time limit," Mahlowitz said in
response to questions about whether the order prohibited two or more
customers at a time, within one day, etc. "So once we had evidence of
two people (acquiring marijuana at the club) we stopped gathering evidence."

After hearing arguments from both sides, Vineyard approved the order
written by Mahlowtiz while acknowledging that Ackerman's
interpretation was not without merit.

"It's a closer call than most," Vineyard said.

Reached Friday afternoon, McNeil said he plans to keep the club
open.
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MAP posted-by: Richard R Smith Jr.