Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
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: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Orange County Register
Copyright: 2008 Orange County Register
Contact: the Orange County Register
Website: Marijuana dispensary wins court ruling
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: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Orange County Register
Copyright: 2008 Orange County Register
Contact: the Orange County Register
Website: Marijuana dispensary wins court ruling
