Pubdate: Fri, 18 Jun 2010
Source: Los Angeles Daily News (CA)
Copyright: 2010 Los Angeles Newspaper Group
Contact: http://www.dailynews.com/writealetter
Website: http://www.dailynews.com
Details: http://www.mapinc.org/media/246

LAKE FOREST POT SHOP OPERATORS FACE CONTEMPT CHARGE

LAKE FOREST - Attorneys for the city of Lake Forest  will go to court
today to ask a judge to hold the  operators of two medical marijuana
dispensaries in  contempt for staying open despite being ordered to
close.

Attorneys for the city were prepared to seek  contempt-of-court orders
against eight medical  marijuana dispensaries yesterday but, by day's
end,  four were closed, said Jeffrey Dunn, an attorney  representing
the city.

On May 28, Orange County Superior Court Judge David  Chaffee ordered
all 10 remaining dispensaries in the  city to close.

Attorney Damian J. Nassiri, who represents the Lake  Forest Wellness
Center and Collective dispensary, said  he filed a notice of appeal
today, triggering a stay of  the judge's order.

"When you file an appeal it takes away jurisdiction  from the trial
court and moves it to the appellate  court, so this court has no
authority in this case,"  Nassiri said.

Dunn disagreed.

"He's wrong," Dunn said. "The notice of appeal does not  stay or stop
(the judge's order)."

Dunn noted attorneys for the dispensaries twice failed  to get a stay
of Chaffee's order.

Lake Forest attorneys successfully argued the city can  use zoning
laws to prohibit medical marijuana  dispensaries, Dunn said.
Additionally, in the May 28  order, Chaffee ruled that because
marijuana is still  classified as an illegal drug by federal
authorities,  it can't be legally dispensed in California.

In September, as many as 35 pot outlets were in  operation in Lake
Forest before city officials started cracking down.

In 1996, voters statewide approved Proposition 215 that  enabled
people with a doctor's recommendation to legal  smoke, possess and
grow pot, but many municipal  officials dragged their feet in
accommodating the law,  which was later refined by Senate Bill 420.

Dispensary operators and Lake Forest city officials  still disagree on
what the law does and does not allow,  and what municipalities can do
to regulate pot outlets.

Lake Forest officials have won several decisions in  state and federal
court in which judges have ruled that  they have the right to use
nuisance laws to prohibit  dispensaries.

A precedent-setting ruling stemming from Anaheim's  efforts to close
medical marijuana dispensaries could  come from the appellate court in
mid-July. 
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MAP posted-by: Jo-D