Pot times
Marijuana Clinic Wins In Court
URL: http://www.mapinc.org/drugnews/v05/n1086/a09.htmlNewshawk: Kirk
Pubdate: Wed, 06 Jul 2005 MARIJUANA CLINIC WINS IN COURT
Source: San Gabriel Valley Tribune (CA)
Copyright: 2005 San Gabriel Valley Tribune
Contact: http://www.sgvtribune.com/Stories/0,1413,205%257E12239%257E,00.html
Website: http://www.sgvtribune.com/
Details: http://www.mapinc.org/media/3725
Author: Shirley Hsu
Local Facility Cleared To Distribute Pot
HACIENDA HEIGHTS -- The first medical marijuana dispensary in the San Gabriel
Valley is now free to distribute marijuana to patients with doctors' notes, a
judge ruled Wednesday.
Los Angeles County Superior Court Judge David Yaffe ruled against Los Angeles
County, denying its request for a preliminary injunction against Hacienda
Heights-based dispensary California Medical Caregivers Association.
The decision is a victory for locals who use marijuana as medicine to treat
cancer, anorexia, glaucoma, AIDS and other illnesses, said Richard Gordon, an
attorney for CMCA.
"Now, patients on the east side of the county will be able to have access
to their medication,' he said.
County Supervisor Don Knabe, who led efforts to stop the dispensary, was
disappointed with the decision.
"What we are trying to do here is protect the quality of life in our
neighborhoods, just like we would do in any other zoning issue,' he said in a
prepared statement. "We would not build an oil refinery next to a
school or a ( residential area ) without some checks and balances in place.
That is exactly what we should have when it comes to the location of a medical
marijuana dispensary.'
County attorneys argued CMCA flouted a 45-day moratorium on dispensaries in
unincorporated areas, which the county passed May 31 soon after learning of two
dispensaries' plans to open - CMCA, and another in Rowland Heights. The
county won a temporary restraining order three weeks ago against CMCA,
prohibiting it from distributing marijuana.
But the court ruled the county's ban does not comply with state code regarding
urgency ordinances. The dispensary does not need more approval to operate
because there are no ordinances in the L.A. County zoning code regulating
medical marijuana dispensaries, Yaffe ruled.
Dispensary operators said they were exempt from the ban anyway, because they
were registering patients before it took effect, even though they hadn't
actually provided any marijuana to patients. They signed a lease for the
office at 15838 Halliburton Road in March, and have since registered at least
100 patients.
"It's like a real estate firm before the first sale,' Gordon said.
CMCA director David Nam declined to comment on advice of his attorney, but has
said in the past the dispensary will have security guards to prevent reselling
or smoking at or around the site.
The county will consider appealing the decision, and has not yet determined if
the ruling upturns the countywide moratorium, said David Sommers, spokesman for
Don Knabe.
Mike Williams, Hacienda Heights Improvement Association president, said he will
again invite dispensary operators to attend his group's next meeting to discuss
the concerns of residents, many who say the dispensary is too close to schools.
Dispensary operators did not attend a previous HHIA meeting on advice of their
attorney.
"We'd like to understand their selection of a location. And, of
course, we'd like to understand how they're going to operate,' Williams said.
"The community has very little information. It would be nice if they
would come and talk to us.'
