Pubdate: Wed, 13 Feb 2008
Source: Desert Sun, The (Palm Springs, CA)
Copyright: 2008 The Desert Sun
Note: Does not accept LTEs from outside circulation area.
Author: K Kaufmann, The Desert Sun
Cited: City of Cathedral City
Bookmark: (Marijuana - Medicinal)


Cathedral City has filed a request for a federal injunction against 
Essential Herbs and Oils, a medical marijuana dispensary on E. Palm 
Canyon Drive.

The five-page legal request, filed Tuesday in the U.S. District Court 
in Riverside, asks the court to rule on whether the city has to 
comply with the California's medical marijuana law, which it says 
violates federal law.

"(The city) is not required to comply with state law enacted by 
voters in direct conflict with federal statute interpreted by the 
United States Supreme Court as establishing that local and state 
governments cannot allow marijuana possession even if used for 
medicinal purposes," City Attorney Charles R. Green argued in the request.

Essential Herbs intends to remain open "for a long time," said a 
woman answering the phone at the shop, who declined to give her name.

Federal law bans all sale and use of marijuana. California state law 
allows medical use for patients with a doctor's letter of recommendation.

A U.S. Supreme Court ruled in the 2005 case of Gonzales vs. Raich 
that federal law does trump state law.

Following the ruling, former state Attorney General Bill Lockyer 
issued a letter saying it did not affect California's medical use 
laws. Current Attorney General Jerry Brown last year declined to 
issue an opinion on the legality of dispensaries. 
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MAP posted-by: Richard Lake