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A lawsuit has been filed to overturn Murrieta's decision to bar medical marijuana dispensaries in all zones of the city, as well as mobile dispensaries that make deliveries within the community.
The suit was filed Oct. 3 in Riverside County Superior Court by Temecula attorney Ray Johnson on behalf of Compassionate Care Beneficiaries.
In consecutive meetings, the Murrieta City Council adopted the citywide ban on Sept. 17 and Oct. 1.
The complaint seeks a peremptory writ of mandate to set aside the city's decision. It alleges that Murrieta violated state environmental laws by failing to evaluate the potential air pollution and traffic impacts of barring dispensaries and forcing residents who use marijuana legally for medicinal purposes to drive miles farther to obtain it.
Murrieta had earlier barred dispensaries, but adopted a new ban and placed it under the city's land-use regulations. City officials were emboldened by a California Supreme Court decision earlier this year upholding a citywide ban in Riverside.
"In this particular case, an environmental lawsuit against the city of Murrieta for doing what the Supreme Court says we have every right to do is a bit of a stretch," said Mayor Rick Gibbs, in a telephone interview Monday, Oct. 7. "And it will be up to the courts to decide whether his suit has any merit or not."
Gibbs said city officials are not aware of any storefront dispensaries operating in Murrieta, but suspected that deliveries were being made by mobile operators shortly before the ban was adopted.
The earlier prohibition focused on storefronts, whereas the new one specifically targets mobile dispensaries as well.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: pe.com
Author: Dave Downey
Contact: About Us | PE.com - Press-Enterprise
Website: MURRIETA: Lawsuit seeks to overturn medical pot ban
The suit was filed Oct. 3 in Riverside County Superior Court by Temecula attorney Ray Johnson on behalf of Compassionate Care Beneficiaries.
In consecutive meetings, the Murrieta City Council adopted the citywide ban on Sept. 17 and Oct. 1.
The complaint seeks a peremptory writ of mandate to set aside the city's decision. It alleges that Murrieta violated state environmental laws by failing to evaluate the potential air pollution and traffic impacts of barring dispensaries and forcing residents who use marijuana legally for medicinal purposes to drive miles farther to obtain it.
Murrieta had earlier barred dispensaries, but adopted a new ban and placed it under the city's land-use regulations. City officials were emboldened by a California Supreme Court decision earlier this year upholding a citywide ban in Riverside.
"In this particular case, an environmental lawsuit against the city of Murrieta for doing what the Supreme Court says we have every right to do is a bit of a stretch," said Mayor Rick Gibbs, in a telephone interview Monday, Oct. 7. "And it will be up to the courts to decide whether his suit has any merit or not."
Gibbs said city officials are not aware of any storefront dispensaries operating in Murrieta, but suspected that deliveries were being made by mobile operators shortly before the ban was adopted.
The earlier prohibition focused on storefronts, whereas the new one specifically targets mobile dispensaries as well.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: pe.com
Author: Dave Downey
Contact: About Us | PE.com - Press-Enterprise
Website: MURRIETA: Lawsuit seeks to overturn medical pot ban
