Pubdate: Thu, 3 Jul 2008
Source: Orange County Register, The (CA)
Copyright: 2008 The Orange County Register
Contact:  http://www.ocregister.com/
Details: http://www.mapinc.org/media/321
Author: Eugene W. Fields, The Orange County Register
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

MARIJUANA DISPENSARY WINS COURT RULING

Superior Court Denies City of Orange Motion to Dismiss Lawsuit Filed
by Dispensary Fighting to Remain Open.

ORANGE - A medicinal marijuana dispensary won the first round of its
legal battle against the city of Orange to remain open.

A Superior Court judge Thursday denied the city's motion to dismiss a
civil suit filed by Nature's Wellness Collective - which argues it has
a legal right to stay open. The city had contended it was well within
its rights to shutter the dispensary.

The city has been trying to shut down the dispensary since March. But
the ruling means it can stay open, at least for now.

Herbert Papenfuss, the dispensary's attorney, said the court ruling
essentially nullifies a city code that states that businesses must be
consistent with federal and state laws.

"The court ruled that the city is wrong," Papenfuss said. "The city
has been rebuked, and I'm sure the ordinance is going to be declared
unenforceable."

Assistant City Attorney Wayne Winthers said the city's position
wouldn't change.

"It doesn't give them any special right to their use," he said. "The
case proceeds to the courts, and anywhere from six months to a
year-and-half from now, we'll get a trial."

Nature's Wellness was issued a city business license, which City
Attorney David DeBerry said was a mistake. The dispensary was raided
on March 4 by Drug Enforcement Agency agents and Orange police -
little more than two months after it opened.

California voters passed Proposition 215 in 1996. It allows marijuana
usage for medicinal purposes, which Papenfuss said supersedes federal
laws banning all marijuana use.

Dispensary owner Bob Adams said he was cautiously relieved.

"We have a long way to go, and I realize that," Adams said.
"Hopefully, we can get the community and local authorities in step
with us."

Papenfuss said the city must prove that Adams is violating state
law.

"I don't really care what the procedure is, he will be able to
establish that he is in compliance with all state laws," Papenfuss
said.

Charles Monson, an Orange resident and medicinal marijuana advocate,
called the ruling "lifesaving."

"It means that the city of Orange is beginning to obey the law in this
area," Monson said.

Mayor Carolyn Cavecche declined to comment, saying the case is
on-going.

Councilman Denis Bilodeau said the issue is a sensitive
subject.

"I understand the need to be compassionate towards people that have
cancer or other ailments that marijuana has helped," Bilodeau said.
"But there's still a federal law, which makes it illegal. It's
something we have to sort out." 
- ---
MAP posted-by: Richard Lake