Jacob Bell
New Member
Rancho Mirage, CA. – The medical marijuana collective that operated a storefront dispensary for almost three months last year has submitted an application to the city to reopen at another site.
Desert Heart Collective is suing the city for damages, and a Riverside County Superior Court judge threw out the city's ban on dispensaries in an Oct. 4 ruling in the case.
The city is appealing that judge's decision.
In September 2010, Rancho Mirage's moratorium on dispensaries within city limits forced Cody Burke and Elanna Covert to close Desert Heart Collective.
But on Tuesday, they filed an application for a business permit to open a new dispensary at 71-680 Highway 111, suite E.
"It's interesting, because the city in its petition (to appeal), said it's required to grant a certificate of occupancy," said Nathan Shaman, an attorney for the dispensary.
Even so, Shaman said his clients aren't expecting the city to roll over and hand them a business permit.
"They took the application and told them the city attorney would be in contact," Shaman said.
Their application comes at a time when the laws regulating medical marijuana and the storefront dispensaries that distribute it are more confusing than ever.
The city of Palm Springs allows three dispensaries to operate legally; the other Coachella Valley cities have adopted total bans.
But Rancho Mirage's ban wasn't in place when Desert Heart Collective first opened near Bob Hope Drive and Highway 111.
Rancho Mirage took the Riverside County ruling to the state's Fourth District Court of Appeals last week, City Attorney Steve Quintanilla said, and hopes there will be a ruling next week.
If that doesn't happen or doesn't work in the city's favor, Quintanilla said, "The opportunity is there for the city to reject it based on the federal law, and that's based on the Long Beach decision."
That decision, in which Long Beach's lottery-based system of permitting dispensaries was thrown out by a different state appellate court because it conflicts with federal law.
Naturally, the two attorneys read that decision differently, and Shaman said the Long Beach ruling doesn't prohibit cities from allowing dispensaries under some other system.
The Long Beach City Council's response to the decision was to ask its city attorney to write up a new ordinance banning dispensaries, which hasn't been put to a vote yet.
The Rancho Mirage and Long Beach rulings were rendered days before the U.S. Attorney's Office announced a crackdown on medical marijuana dispensaries, and possibly their landlords, based on a federal law making it illegal to use, lease or make space available for the production or sale of marijuana.
The letter threatens violators of the federal marijuana law with, among other things, forfeiture of property.
"I'd be concerned if I was their landlord," Quintanilla said.
Steve Matsovas of Laguna Niguel, the owner of the property where Desert Heart Collective is trying to get the permit, said Friday "I have no comment, until everything's done."
The 1,600 square-foot space Desert Heart Collective hopes to use is in the same shopping center as Hibachi Steak House and Sushi Bar.
The center is next door to the Hilton Garden Inn.
Shaman said Desert Heart Collective wants to be in Rancho Mirage because it will be near its patient base.
The collective had about 1,000 members at the time it was shut down, Shaman said.
He added Friday that he could not comment on whether the collective has remained operational minus its previous storefront location.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mydesert.com
Author: Blake Herzog
Contact: Contact Us
Copyright: MyDesert.com
Website: Medical marijuana collective submits request to reopen
Desert Heart Collective is suing the city for damages, and a Riverside County Superior Court judge threw out the city's ban on dispensaries in an Oct. 4 ruling in the case.
The city is appealing that judge's decision.
In September 2010, Rancho Mirage's moratorium on dispensaries within city limits forced Cody Burke and Elanna Covert to close Desert Heart Collective.
But on Tuesday, they filed an application for a business permit to open a new dispensary at 71-680 Highway 111, suite E.
"It's interesting, because the city in its petition (to appeal), said it's required to grant a certificate of occupancy," said Nathan Shaman, an attorney for the dispensary.
Even so, Shaman said his clients aren't expecting the city to roll over and hand them a business permit.
"They took the application and told them the city attorney would be in contact," Shaman said.
Their application comes at a time when the laws regulating medical marijuana and the storefront dispensaries that distribute it are more confusing than ever.
The city of Palm Springs allows three dispensaries to operate legally; the other Coachella Valley cities have adopted total bans.
But Rancho Mirage's ban wasn't in place when Desert Heart Collective first opened near Bob Hope Drive and Highway 111.
Rancho Mirage took the Riverside County ruling to the state's Fourth District Court of Appeals last week, City Attorney Steve Quintanilla said, and hopes there will be a ruling next week.
If that doesn't happen or doesn't work in the city's favor, Quintanilla said, "The opportunity is there for the city to reject it based on the federal law, and that's based on the Long Beach decision."
That decision, in which Long Beach's lottery-based system of permitting dispensaries was thrown out by a different state appellate court because it conflicts with federal law.
Naturally, the two attorneys read that decision differently, and Shaman said the Long Beach ruling doesn't prohibit cities from allowing dispensaries under some other system.
The Long Beach City Council's response to the decision was to ask its city attorney to write up a new ordinance banning dispensaries, which hasn't been put to a vote yet.
The Rancho Mirage and Long Beach rulings were rendered days before the U.S. Attorney's Office announced a crackdown on medical marijuana dispensaries, and possibly their landlords, based on a federal law making it illegal to use, lease or make space available for the production or sale of marijuana.
The letter threatens violators of the federal marijuana law with, among other things, forfeiture of property.
"I'd be concerned if I was their landlord," Quintanilla said.
Steve Matsovas of Laguna Niguel, the owner of the property where Desert Heart Collective is trying to get the permit, said Friday "I have no comment, until everything's done."
The 1,600 square-foot space Desert Heart Collective hopes to use is in the same shopping center as Hibachi Steak House and Sushi Bar.
The center is next door to the Hilton Garden Inn.
Shaman said Desert Heart Collective wants to be in Rancho Mirage because it will be near its patient base.
The collective had about 1,000 members at the time it was shut down, Shaman said.
He added Friday that he could not comment on whether the collective has remained operational minus its previous storefront location.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mydesert.com
Author: Blake Herzog
Contact: Contact Us
Copyright: MyDesert.com
Website: Medical marijuana collective submits request to reopen
