Pubdate: Sat, 14 Jul 2012
Source: Daily Press (Victorville, CA)
Copyright: 2012 Freedom Communications, Inc.
Contact: http://www.vvdailypress.com/sections/contactus/
Website: http://www.vvdailypress.com/
Details: http://www.mapinc.org/media/1061
Author: Tomoya Shimura

MARIJUANA DISPENSARY SUES VICTORVILLE

Council to Discuss Crack Down on Dispensary Tuesday

VICTORVILLE - A medical marijuana dispensary is suing the city, 
asking Victorville to strike down its ordinance prohibiting marijuana 
dispensaries.

Meanwhile, Councilwoman Angela Valles suggested the city crack down 
harder on these dispensaries. The council will discuss Tuesday 
whether to increase fines and give code enforcement more authority to 
shut down illegal medical marijuana dispensaries.

Jason Ryan Thompson, attorney representing High Desert Herbal 
Therapy, said it would be premature for the city to try to shut these 
dispensaries down because the California Supreme Court may rule on 
legality of medical marijuana dispensaries within a year. The city 
could then end up spending huge litigation fees, he said.

High Desert Herbal Therapy began operating in the 15000 block of 
Seventh Street in September. The city notified the dispensary of the 
code violation in February and issued a $400 citation in May, 
according to the complaint. High Desert Herbal Therapy filed the 
lawsuit in Victorville Superior Court after the city declined to 
issue a permit to run the dispensary.

Thompson said he will ask the court next week for a temporary 
restraining order against the city.

The city code bans people "to establish, maintain, or operate a 
medical marijuana dispensary" unless it's a state licensed clinic. 
But the state doesn't issue a license to medical marijuana 
dispensary, so the city virtually bans any dispensary, Thompson said. 
He said the ordinance conflicts with state and federal law including 
California's Compassionate Use Act, which allows personal medical use 
of marijuana.

California Court of Appeals recently invalidated a ban on 
dispensaries in Los Angeles County. The court ruled that medical 
marijuana dispensaries are protected under state law.

The League of California Cities is advising the members not to take 
aggressive actions on medical marijuana dispensaries until the 
Supreme Court makes a ruling because legal fees could be wasted, city 
officials said during a council meeting.

The City Council will discuss the lawsuit during closed session 
starting at 5 p.m. Tuesday. The increased enforcement is on the 
agenda for the public meeting, which will begin at 7 p.m. in 
Victorville City Hall.
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MAP posted-by: Jay Bergstrom