Pubdate: Thu, 10 Jan 2013
Source: Press-Enterprise (Riverside, CA)
Copyright: 2013 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: Richard K. De Atley

Medical Marijuana Update

CAL SUPREME COURT QUESTIONS CLINIC'S LEGAL STATUS

The California Supreme Court has set Feb. 5 as the date to hear 
arguments in a Riverside-generated case over whether local 
governments can ban medical marijuana dispensaries, but a development 
on Wednesday, Jan. 9 has called into question the legal status of the 
clinic in the case.

City of Riverside v Inland Empire Patient's Health and Wellness 
Center came to the court from a November 2011 ruling from the 
Riverside-based Fourth District Court of Appeal, Division Two.

It upheld Riverside's assertion that California's Prop. 215 and laws 
regulating medical marijuana did not preempt the city from creating 
ordinances that banned storefront dispensaries, and the center appealed.

On Wednesday, the court's case file showed a letter to the clinic's 
attorneys which said Inland Empire Patient's Health and Wellness 
Center's corporate status was listed as "suspended" by the California 
Secretary of State's office as of Jan. 4. That makes the Center 
"disabled" from litigation, according to the letter from the court.

The letter gives the center's lawyers until 5 p.m. Thursday, Jan. 10 
to submit information and commentary on whether Inland Empire's 
corporate status would allow it to remain as a litigant.

There have been rulings on clinic bans from other appellate court 
divisions since the one issued in November 2011, with one Orange 
County division turning aside local bans on dispensaries -- the 
opposite of the Riverside ruling.

Published appellate court rulings can be cited or followed throughout 
the state. When appellate rulings clash, that makes an issue ripe for 
the state's high court, which granted review for the Riverside case 
on Jan. 18, 2012.

"We anticipate that the decision will resolve the inconsistent 
appellate court decisions as to a local entity's land use power to 
ban dispensaries under its zoning code," Riverside City Attorney Greg 
Priamos said in a statement after the court hearing was announced the 
evening of Tuesday, Jan. 8.

"You can imagine how glad I am to see this finally coming to an end; 
to decide whether cities can ban collectives or not," said Lanny 
Swerdlow, the founder of the center named the case's title. "I just 
hope that if we win, the City of Riverside will sit down and do what 
we asked them to do 2-1/2 years ago, and enact an ordinance to 
license and regulate medical marijuana collectives."

The interview took place before the development regarding the 
center's corporation status was known.

Dispensary advocates say local governments can zone and set 
regulations for the medical marijuana clinics, but are overstepping 
their constitutional bounds by banning them outright. Wayward 
operations can be cited and closed on a case-by-case basis, like any 
other business suspected of violating local ordinances, they argue.

Cities and counties that have banned the dispensaries say they have 
the right to peremptorily ban the clinics as intrinsic nuisances. 
They also say storefront operations are not in the language of 
California's laws regarding medical marijuana and its distribution to 
qualified persons through non-profit collectives.

The list of Inland governments that ban medical marijuana 
dispensaries includes Riverside and San Bernardino counties and the 
cities of Riverside, San Bernardino, Redlands, Hemet, San Jacinto, 
Corona, Norco, Moreno Valley, Murrieta and Temecula. About 200 local 
governments throughout the state are believed to have enacted bans on 
the storefront clinics.

The arguments will be heard at the University of San Francisco School of Law.
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MAP posted-by: Jay Bergstrom