Pubdate: Fri, 10 Aug 2012
Source: Grunion Gazette (Long Beach, CA)
Copyright: 2012 Grunion Gazette
Contact:  http://www.gazettes.com/
Details: http://www.mapinc.org/media/3434
Author: Jonathan Van Dyke

EARTHEART WINS EARLY MEDICAL MARIJUANA COLLECTIVE BAN REPRIEVE

A medical marijuana collective near Long Beach's border with Lakewood
was granted permission to stay open past the city's Aug. 12 ban deadline.

On Thursday, Los Angeles Superior Court Judge Luis Lavin issued a
temporary restraining order, which will prevent city officials from
closing the Eartheart medical marijuana dispensary, 1940 Del Amo Ave.

"We received a temporary restraining order, protecting only
Eartheart," said Graham Berry, attorney for the collective. "We're
back in court on Aug. 30 for a hearing."

The temporary restraining order only will apply through the hearing
date. Should a trial be set from the hearing, a temporary injunction
could be put in place at that time.

"The argument we have made to the court is directed at the ordinance
being preempted by state law," Graham said. "The judge has not
adjudicated any claim against the ordinance in connection with
collectives other than my clients. However, the same arguments that I
made in connection with my client could probably be made by many of
the other collectives, especially those that went through the lottery
and permitting process."

The California Supreme Court is reviewing Long Beach's old medical
marijuana ordinance -- which regulated the substance and limited the
amount of collectives that could be open in the city. In the meantime,
the City Council approved a ban ordinance earlier this year, with an
exemption of 18 collective through Aug. 12.

Graham has represented more than 25 collectives in the greater Los
Angeles area and he has been a part of two cases that found complete
medical marijuana collective bans illegal -- in Los Angeles and
Riverside counties. He said similar restraining orders have been, or
are being, filed for in Los Angeles.

Long Beach and Los Angeles currently are employing what some call a
"gentle ban," which says collectives of more than three people are
banned.

"Under the Long Beach ordinance and the new Los Angeles ordinance,
collectives of three or fewer are allowed to operate," Graham said.
"For most seriously ill patients, self growing like that is not a
realistic alternative. For most patients, collectives with a
dispensary are the only option. In our opinion, even the limited
exception of Long Beach and Los Angeles ordinances is, in effect, a
total ban and not permitted by state law."

Officials in the Long Beach Collective Association, which at this
point includes about 10 dispensaries that made it through the original
lottery, have been assessing options for their members as the deadline
approaches. LBCA spokesman Carl Kemp said that members planned on
closing after this Sunday and posting a sign at each location reading:

"In compliance with the city of Long Beach's ban on all collectives,
we will be closed until further notice. We will continue to seek all
legal remedies available, including our ballot measure, to provide
safe access to our members. Please check out LB-CA.com for the latest
news on this important matter."

However, Kemp confirmed today (Friday) that the LBCA, along with three
patients, will be filing for their own temporary restraining order --
and that will go to court Monday, Aug. 13.
- ---
MAP posted-by: Matt