Pubdate: Thu, 21 Feb 2008
Source: Desert Sun, The (Palm Springs, CA)
Copyright: 2008 The Desert Sun
Contact: http://local2.thedesertsun.com/mailer/opinionwrap.php
Website: http://www.thedesertsun.com/
Details: http://www.mapinc.org/media/1112
Author: K Kaufmann, The Desert Sun
Note: Does not accept LTEs from outside circulation area.

CATHEDRAL CITY WINS COURT ORDER AGAINST NEW DISPENSARY

The U.S. District Court in Riverside granted Cathedral City a
temporary restraining order on Wednesday aimed at closing down
Essential Herbs and Oils, a medical marijuana dispensary on East Palm
Canyon Drive.

Judge Stephen G. Larson issued the temporary order without a hearing,
ruling that Essential Herbs and its owners Virginia Hurn and Teresa
Sotelo are violating the federal ban on all distribution of marijuana.

But dispensary staff said the business will remain
open.

"We dispense herbs and teas and extracts," said a woman answering the
phone at the store, who identified herself only as "V."

She declined comment on whether the shop would continue to sell
marijuana, but Anthony Curiale, Hurn and Sotelo's attorney, said he
has advised them to stop.

"There's a court order, and I have advised my clients to obey the
court order," Curiale said.

California law allows medical use of marijuana for patients with a
doctor's letter of recommendation, but Larson said, "(F)ederal law
controls on this point."

Deputy City Manager Julie Baumer said late Wednesday she did not know
what actions the city would take to enforce the order.

Cathedral City filed a request for a federal injunction against
Essential Herbs on Feb. 12, asking also for the temporary order.
Larson set a hearing on the injunction for March 3.

Essential Herbs opened at 68-487 E. Palm Canyon Drive in January, with
a business license issued by the city classifying it as a manufacturer
and retailer of herbs, spices and extracts.

Curiale said the shop would fight the city's request for an
injunction.

"Losing one battle doesn't mean the war's lost," he said.
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MAP posted-by: Derek