Pubdate: Thu, 25 Nov 2010
Source: Press-Enterprise (Riverside, CA)
Copyright: 2010 The Press-Enterprise Company
Contact: http://www.pe.com/localnews/opinion/letters_form.html
Website: http://www.pe.com/
Details: http://www.mapinc.org/media/830
Author: Jeff Horseman
Cited: http://www.pe.com/multimedia/pdf/2010/20101125_smarijuana.pdf

WILDOMAR POT COLLECTIVE GOES TO COURT

The organizers of a Wildomar medical marijuana collective are asking
for the court's help in their fight to stay open.

Wildomar Patients Compassionate Group is seeking an order to stop the
city Planning Director Matthew Bassi from enforcing the city's ban on
medical marijuana dispensaries.

In legal papers filed Monday in Riverside County Superior Court,
lawyers for the collective argued that Bassi's legal authority to
enforce the ban conflicts with state law that allows for the medicinal
use of marijuana. The petition also alleges that Bassi's actions "are
motivated exclusively by a desire" to eliminate collectives.

Wildomar City Manager Frank Oviedo on Wednesday said the petition
wasn't unexpected. He said the city attorney will review the petition
and advise the City Council.

The petition comes more than two months after the council upheld the
city's ban on dispensaries. The nonprofit collective, which signed a
one-year lease for a Mission Trail property last December, opened in
March but soon received a cease-and-desist letter from the city
threatening civil and criminal action if it didn't shut down,
according to the petition.

Besides an order to stay open, the collective also wants the court to
rescind the letter.

The collective suspended operations so the council could craft an
ordinance allowing collectives. But the council voted 3-1 with one
absent in September to retain the ban.

The petition comes as another collective gets started in Temecula.
Cooperative Patients' Services argues that Temecula's dispensary ban
doesn't apply to it, because the collective isn't selling marijuana to
patients but patients are exchanging it with each other.

Temecula officials have said the collective has no right to handle
marijuana.

In Riverside, a judge on Wednesday ruled the city was within its
rights to use zoning laws to ban dispensaries. The city is trying to
shut down seven dispensaries within its boundaries.

Currently, Palm Springs is the only Riverside County city to allow
dispensaries. The Riverside County Board of Supervisors is considering
a law to permit dispensaries in unincorporated areas.
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MAP posted-by: Matt