Pubdate: Mon, 06 Aug 2012
Source: Desert Sun, The (Palm Springs, CA)
Copyright: 2012 The Desert Sun
Contact: http://local2.thedesertsun.com/mailer/opinionwrap.php
Website: http://www.mydesert.com/
Details: http://www.mapinc.org/media/1112
Author: Blake Herzog

RANCHO MIRAGE WINS ORDER TEMPORARILY SHUTTING MEDICAL MARIJUANA DISPENSARY

RANCHO MIRAGE - The city has won its request for a temporary
restraining order to force a medical marijuana dispensary to shut down.

Rancho Mirage Safe Access Wellness Center must shut its doors because
it didn't acquire permits the city requires of all businesses,
according to a minute order released Monday by Judge John G. Evans of
Riverside County Superior Court.

The city has also banned marijuana dispensaries, but that ordinance
was ruled invalid by another judge, a decision now under appeal.

"Whether or not the city's ban on medical marijuana is void or
unenforceable, the dispensary must still obtain a certificate of
occupancy and a business license," Evans wrote.

Evans heard oral arguments in the case Friday. The order is in effect
until Aug. 27, the date of the next hearing in the case.

The dispensary, which opened in June at 72-067 Highway 111, must be
shut down as soon as its attorney is served with the temporary
restraining order, City Attorney Steve Quintanilla said.

The city's permitting process "is all about ensuring that a building
is safe for occupation by guests, customers, employees or patients,"
he said.

Rancho Mirage Safe Access attorney Joseph Rhea said he had not seen
the ruling as of late this morning.

On Friday, Riverside County lost its request for a preliminary
injunction from another judge to close 12 dispensaries in
unincorporated areas, with the judge ruling the county's ban on
dispensaries invalid under the state constitution.
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