Marijuana Dispensary Wins Court Ruling

[User]

ORANGE – A medicinal marijuana dispensary won the first round of its legal battle against the city of Orange to remain open.

A Superior Court judge Thursday denied the city's motion to dismiss a civil suit filed by Nature's Wellness Collective – which argues it has a legal right to stay open. The city had contended it was well within its rights to shutter the dispensary.

The city has been trying to shut down the dispensary since March. But the ruling means it can stay open, at least for now.

Herbert Papenfuss, the dispensary's attorney, said the court ruling essentially nullifies a city code that states that businesses must be consistent with federal and state laws.

"The court ruled that the city is wrong,'' Papenfuss said. "The city has been rebuked, and I'm sure the ordinance is going to be declared unenforceable."

Assistant City Attorney Wayne Winthers said the city's position wouldn't change.

"It doesn't give them any special right to their use," he said. "The case proceeds to the courts, and anywhere from six months to a year-and-half from now, we'll get a trial."

Nature's Wellness was issued a city business license, which City Attorney David DeBerry said was a mistake. The dispensary was raided on March 4 by Drug Enforcement Agency agents and Orange police – little more than two months after it opened.

California voters passed Proposition 215 in 1996. It allows marijuana usage for medicinal purposes, which Papenfuss said supersedes federal laws banning all marijuana use.

Dispensary owner Bob Adams said he was cautiously relieved.

"We have a long way to go, and I realize that," Adams said. "Hopefully, we can get the community and local authorities in step with us."

Papenfuss said the city must prove that Adams is violating state law.

"I don't really care what the procedure is, he will be able to establish that he is in compliance with all state laws," Papenfuss said.

Charles Monson, an Orange resident and medicinal marijuana advocate, called the ruling "lifesaving."

"It means that the city of Orange is beginning to obey the law in this area," Monson said.

Mayor Carolyn Cavecche declined to comment, saying the case is on-going.

Councilman Denis Bilodeau said the issue is a sensitive subject.

"I understand the need to be compassionate towards people that have cancer or other ailments that marijuana has helped," Bilodeau said. "But there's still a federal law, which makes it illegal. It's something we have to sort out."

FRUSTRATED: Bob Adams, director of Natures Wellness,
talks about his frustration following an Orange Police Department
raid of his medical marijuana dispensary

News Hawk: User: http://www.420magazine.com/
Source: Orange County Register
Copyright: 2008 Orange County Register
Contact: the Orange County Register
Website: Marijuana dispensary wins court ruling

[smok14me2]

i am very happy this went threw , i only wish this would pass everywhere , it should be legal and i,ll believe this till the day i die ,and for what you do to make this happen is awsome , I, THANK YOU ,i,m from ohio and i say good job ...

[BubbaKush]

I consider Bob a local advocate. Bob sticks his neck out there every day. He does it right in the face of everyone. Not hiding or running under cover. The only bad thing is that he runs it as a business. The way the law reads it cant be a business, thats why its called a Club. I guess he went to city council before he started and got it approved and zoned. He has a really good attorney but there are soo many grey areas still the fight will be hard. Its an expensive battle for him that will be long and drawn out. I hope he wins for his and all of our sake.

[zolar]

lf there's grey area about clubs vs busineses why aren't hassleing VFW's

[BubbaKush]

Thats a good question. probably since alcohol is not federally illegal and they dont serve medication to vets though most of them need it more than all the frigin pain pills the doctors hand out

[Soniq420]

We need more of these State employees who are concerned about federal law to have another look at their pay stub as a reminder of who pays them

I respect that they may fear getting in legal trouble, but I suspect in many cases this is really just a cover story for personal moral objections

[FreakNature]

I think it's cool the dispensary's attorney is named Herb.

[BubbaKush]

bob got shut down today....taken away in cuffs

[4twenty4all]

Really sorry to hear that... Are they pushing for jail time or is it too soon to say? The Federal Government need to step aside and let the individual states govern themselves as it is meant to be.....

[BubbaKush]

not sure yet. when i heard i went over their with a friend and it was closed up and everyone was gone. The people who run the bar next door said that it was local cops and one undercover. They say that the city wants him out and he is breaking a local ordinance. On another website forum that i am not a member of but showed up on google said black masks and ak47s and dea agents were there. i doubt that but i still dont know for sure. trying to find out.