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In the dispensary-by-dispensary court battles over local government bans on medical marijuana storefronts, an appellate court has ruled that Riverside County can close two outlets.
In addition, a San Bernardino County judge has upheld Colton's dispensary ban by finding an owner-operator in contempt for staying open in the face of an order to shut down..
The Tuesday appellate order does not affect cases under consideration by the state Supreme Court over whether local ordinances banning medical marijuana storefronts bans are valid.
Conflicting rulings upholding or striking down the bans have left both sides of the issue whipsawed and uncertain.
In the Riverside County case, the summary order from the Fourth District Court of Appeals, Division 2 issued on Tuesday, Sept. 4, reverses a lower court decision that went against the county's law banning marijuana dispensaries.
It was the same Division 2 court that in November 2011 upheld local governments' rights to ban medical marijuana dispensaries in their jurisdictions.
The county had been trying to close a dispensary operated by Nature's Relief Group near Murrieta and one by the MOSA Collective Inc. in Thousand Palms.
In a statement issued Friday, Riverside County officials said the order helps establish that the local government dispensary bans remain the rule of law in the 4th District, Division 2's jurisdiction of Riverside, San Bernardino and Inyo counties.
The appellate case stemmed from Riverside County Superior Court Judge John Vineyard's ruling on May 30 that if storefronts are operating in compliance with California's two medical marijuana laws – the1996 Compassionate Use Act (Prop. 215) and the Legislature's Medical Marijuana Program – then the dispensaries cannot be declared a public nuisance.
Vineyard also said that in order to close the storefronts, Riverside County had the burden of proving their activities were not in compliance with state regulations.
Attorneys for the county have argued in that case and others that the local ban ordinance is valid because it was upheld by the 4th District, and they have no such burden of proof. They say that dispensary outlets were never part of the medical marijuana user laws approved by voters and the Legislature, and therefore are outside the protection of those laws.
The Tuesday order regarding the two outlets is an interim step, and the case will continue on appeal for several months.
Meantime, the county said it will check on the two storefronts to see if they have closed.
Riverside County plans to go before the same court to appeal a separate August ruling by Riverside County Superior Court Judge Ronald Taylor, who denied a preliminary injunction filed by the county against 16 storefronts .
And Vineyard last month also ruled against a city of Riverside ban on a single dispensary. That also will be appealed, attorneys for the city said.
In the San Bernardino County case, Judge David Cohn found the Organic Garden dispensary and owner James Turner in contempt of a preliminary injunction ordering the storefront to close in compliance with Colton's ban. Organic Garden had remained open despite the ban.
Cohn on Aug. 31 ordered Turner to serve three days in jail and separately fined Turner and the dispensary $1,000 each, and ordered the dispensary and Turner to pay opposing counsel attorney fees of $4,380. Cohn ordered a 30-day stay of the jail time to allow Turner time to appeal, the case docket said.
"In the city of Colton, all the dispensaries are now closed," said attorney Laura Crane, of Best Best & Krieger, who represented the city.
"It lets people know the city is pursuing them aggressively and the city is recovering its fees, so it's not a cost burden to the city."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: pe.com
Author: Richard DeAtley
Contact: About Us | PE.com - Press-Enterprise
Website: MEDICAL MARIJUANA: Stores in Riverside County and city of Colton suffer setbacks | Breaking News | PE.com - Press-Enterprise
In addition, a San Bernardino County judge has upheld Colton's dispensary ban by finding an owner-operator in contempt for staying open in the face of an order to shut down..
The Tuesday appellate order does not affect cases under consideration by the state Supreme Court over whether local ordinances banning medical marijuana storefronts bans are valid.
Conflicting rulings upholding or striking down the bans have left both sides of the issue whipsawed and uncertain.
In the Riverside County case, the summary order from the Fourth District Court of Appeals, Division 2 issued on Tuesday, Sept. 4, reverses a lower court decision that went against the county's law banning marijuana dispensaries.
It was the same Division 2 court that in November 2011 upheld local governments' rights to ban medical marijuana dispensaries in their jurisdictions.
The county had been trying to close a dispensary operated by Nature's Relief Group near Murrieta and one by the MOSA Collective Inc. in Thousand Palms.
In a statement issued Friday, Riverside County officials said the order helps establish that the local government dispensary bans remain the rule of law in the 4th District, Division 2's jurisdiction of Riverside, San Bernardino and Inyo counties.
The appellate case stemmed from Riverside County Superior Court Judge John Vineyard's ruling on May 30 that if storefronts are operating in compliance with California's two medical marijuana laws – the1996 Compassionate Use Act (Prop. 215) and the Legislature's Medical Marijuana Program – then the dispensaries cannot be declared a public nuisance.
Vineyard also said that in order to close the storefronts, Riverside County had the burden of proving their activities were not in compliance with state regulations.
Attorneys for the county have argued in that case and others that the local ban ordinance is valid because it was upheld by the 4th District, and they have no such burden of proof. They say that dispensary outlets were never part of the medical marijuana user laws approved by voters and the Legislature, and therefore are outside the protection of those laws.
The Tuesday order regarding the two outlets is an interim step, and the case will continue on appeal for several months.
Meantime, the county said it will check on the two storefronts to see if they have closed.
Riverside County plans to go before the same court to appeal a separate August ruling by Riverside County Superior Court Judge Ronald Taylor, who denied a preliminary injunction filed by the county against 16 storefronts .
And Vineyard last month also ruled against a city of Riverside ban on a single dispensary. That also will be appealed, attorneys for the city said.
In the San Bernardino County case, Judge David Cohn found the Organic Garden dispensary and owner James Turner in contempt of a preliminary injunction ordering the storefront to close in compliance with Colton's ban. Organic Garden had remained open despite the ban.
Cohn on Aug. 31 ordered Turner to serve three days in jail and separately fined Turner and the dispensary $1,000 each, and ordered the dispensary and Turner to pay opposing counsel attorney fees of $4,380. Cohn ordered a 30-day stay of the jail time to allow Turner time to appeal, the case docket said.
"In the city of Colton, all the dispensaries are now closed," said attorney Laura Crane, of Best Best & Krieger, who represented the city.
"It lets people know the city is pursuing them aggressively and the city is recovering its fees, so it's not a cost burden to the city."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: pe.com
Author: Richard DeAtley
Contact: About Us | PE.com - Press-Enterprise
Website: MEDICAL MARIJUANA: Stores in Riverside County and city of Colton suffer setbacks | Breaking News | PE.com - Press-Enterprise
