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High Court Rebuffs Pot Collective

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The California Supreme Court on Dec. 23 denied a review of a case that shut down a Cathedral City medical marijuana collective, according to a disposition filing on the court's Web site.

The petition to review the case came from South Coast Patients Collective Association after a lower court upheld a preliminary injunction that was granted to Cathedral City. The injunction gave the city the legal muscle to shut down the collective.

South Coast attorney Anthony Curiale of Brea said he could not comment, but he told the Cathedral City Sun last month that he could seek a trial if his clients were denied a review.

Charles Green, attorney for the city, was unavailable for comment as his offices are closed until Monday.

The state high court's action last week may cap a five- month legal battle between the city and South Coast that began in July when city officials discovered the collective operating without a business license in an office suite at 68-487 East Palm Canyon Drive, a month after a city ordinance banning medical marijuana operations was adopted. Seven other Coachella Valley cities prohibit medical marijuana dispensaries and collectives. The exception is Palm Springs, which is in the process of deciding on two collectives that will be allowed to operate in that city.

Cathedral City quickly filed and was granted a temporary injunction by the Indio branch of the Riverside County Superior Court. The collective lost an appeal of that decision, claiming the right to provide medical marijuana to qualified patients under state law.

The city countered that it has a right to regulate business in city limits.
South Coast petitioned the state Supreme Court for a review and closed its doors while the high court considered the case.

"My clients are law-abiding citizens, although they regret the decision by the court," Curiale said at the time.

More than 100 members of South Coast were affected by its closure, Curiale said.



News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Desert Sun
Author: Victor Morales
Contact: The Desert Sun - Palm Springs, California
Copyright: 2009 The Desert Sun
Website:High court rebuffs pot collective
 
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