Pubdate: Thu, 08 Apr 2010
Source: Daily Pilot (Costa Mesa, CA)
Copyright: 2010 Daily Pilot
Author: Mona Shadia


Costa Mesa mayor says it's good news that judge denied  request of 
four medical marijuana users who are  disabled.

A federal judge on Wednesday threw out a request to  temporarily lift 
Costa Mesa's ban on medical marijuana  dispensaries.

The request for a restraining order, filed on behalf of  four 
disabled Orange County residents who use marijuana  to treat their 
ailments, was denied after Costa Mesa  filed an objection with the 
U.S. District Court in  Santa Ana.

"It's certainly good news for the city because there  are concerns 
and issues with how some of the  dispensaries are operating," said 
Costa Mesa Mayor  Allan Mansoor. "Not everyone is operating within 
state law, and that seems to be lost in some of the arguments  that 
some of the supporters of medical marijuana are  making."

Before requesting a temporary restraining order, Marla  James, Wayne 
Washington, James Armantrout and Charles  Daniel DeJong, who are 
disabled and have authorization  to use marijuana for medical 
reasons, filed a federal  lawsuit against Costa Mesa and Lake Forest 
under the Americans with Disabilities Act.

The suit alleges that both cities are violating the act  by taking 
away the plaintiffs' access to their  medications, which in turn 
prohibits them from enjoying  public services.

Since February, Costa Mesa has been going after pot  dispensaries 
that are operating in violation of its  law.

State law allows those with serious illnesses and  doctors' 
authorization to cultivate and use the drug,  but the city's 2005 
ordinance bans marijuana  dispensaries from operating there - with no 

Costa Mesa is aware of about seven to nine marijuana  dispensaries 
operating in the city as "health and  wellness businesses."

Police have made arrests for sales and possessions for  those 
believed to be violating the state law.

Cease-and-desist orders were served to other  dispensaries in the city.

A preliminary hearing is scheduled for April 26.

"We'll see how the actual hearing goes and take it from  there," Mansoor said.
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MAP posted-by: Keith Brilhart