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A lawsuit challenging the city of Temecula's ban on medical marijuana operations is headed to the state's Supreme Court.
The court announced last week that it is taking up the appeal of a ruling in the case that backed the city's ability to block medical marijuana operations via zoning laws.
In the meantime, the operation that challenged the ban, Cooperative Patients' Services, will not be allowed to distribute medical marijuana within the city's borders, according to court documents.
According to City Attorney Peter Thorson, the court will postpone action on the Temecula case until it decides a case in the city of Riverside involving medical marijuana dispensaries.
"Based on the length of time it is taking the California Supreme Court to decide cases these days, we do not expect a ruling in the Riverside case until at least December 2013 and perhaps not until March 2014," Thorson said in an email to The Californian.
Advocates and foes of medical marijuana operations are hoping the Supreme Court clears up what have been contradictory rulings by lower appeals courts.
In one case, an appeals court ruled cities could not ban operations as long as marijuana was grown on site. In another case, a court ruled cities could not limit dispensaries by way of a lottery system. There also were courts that sided with cities such as Temecula that have used zoning laws to block establishments.
In Los Angeles, the City Council there has flip-flopped in recent months, approving a blanket ban on dispensaries in July and then reversing that decision a few months later after public outcry.
Temecula city officials passed the city's ban in 2006 and they have remained steadfast in their desire to prohibit storefront operations: places in commercial space that distribute marijuana.
The founders of Cooperative Patients' Services have long argued the city's ban doesn't jibe with state law that allows "cooperative cultivation of medical marijuana" and sharing of that marijuana.
In March, federal drug enforcement agents raided the So-Cal Coop, a storefront operation near Temecula's DMV office that was affiliated with Cooperative Patients Services.
That raid, which was coordinated with the seizure of plants at a Lake Elsinore home, came on the heels of a similar operation in Murrieta targeting the Greenhouse Cannabis Club and the home of its director.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: nctimes.com
Author: Aaron Claverie
Contact: Directory - North County Times/The Californian
Website: TEMECULA: State Supreme Court to review medical marijuana ban
The court announced last week that it is taking up the appeal of a ruling in the case that backed the city's ability to block medical marijuana operations via zoning laws.
In the meantime, the operation that challenged the ban, Cooperative Patients' Services, will not be allowed to distribute medical marijuana within the city's borders, according to court documents.
According to City Attorney Peter Thorson, the court will postpone action on the Temecula case until it decides a case in the city of Riverside involving medical marijuana dispensaries.
"Based on the length of time it is taking the California Supreme Court to decide cases these days, we do not expect a ruling in the Riverside case until at least December 2013 and perhaps not until March 2014," Thorson said in an email to The Californian.
Advocates and foes of medical marijuana operations are hoping the Supreme Court clears up what have been contradictory rulings by lower appeals courts.
In one case, an appeals court ruled cities could not ban operations as long as marijuana was grown on site. In another case, a court ruled cities could not limit dispensaries by way of a lottery system. There also were courts that sided with cities such as Temecula that have used zoning laws to block establishments.
In Los Angeles, the City Council there has flip-flopped in recent months, approving a blanket ban on dispensaries in July and then reversing that decision a few months later after public outcry.
Temecula city officials passed the city's ban in 2006 and they have remained steadfast in their desire to prohibit storefront operations: places in commercial space that distribute marijuana.
The founders of Cooperative Patients' Services have long argued the city's ban doesn't jibe with state law that allows "cooperative cultivation of medical marijuana" and sharing of that marijuana.
In March, federal drug enforcement agents raided the So-Cal Coop, a storefront operation near Temecula's DMV office that was affiliated with Cooperative Patients Services.
That raid, which was coordinated with the seizure of plants at a Lake Elsinore home, came on the heels of a similar operation in Murrieta targeting the Greenhouse Cannabis Club and the home of its director.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: nctimes.com
Author: Aaron Claverie
Contact: Directory - North County Times/The Californian
Website: TEMECULA: State Supreme Court to review medical marijuana ban
