POT COLLECTIVE SEEKS TO SQUASH CITY'S COMPLAINT

A medical marijuana dispensary the city of Palm Springs recently
filed a complaint against has submitted its own legal documents to
try and throw out the city's claims.

The city of Palm Springs filed its complaint in April against The
Holistic Collective at 2235 N. Palm Canyon Drive, saying it was in
violation of the city's 2006 moratorium on medical marijuana
dispensaries and collectives, City Attorney Doug Holland said.

Last week, The Hollistic Collective responded with a demurrer which
suggests the city's complaint did not state a cause of action. The
collective has been operating in the city since 2008 and has about 50 clients.

The collective's attorney, J. David Nick, said that under state law
his clients have the right to operate their business whenever and
wherever they want. The city of Palm Springs does not have the power
to sidestep state law, Nick said.

"They have singled out medical marijuana dispensaries," Nick said.
"They are treating them differently and unequally and subjecting them
to regulations and fines."

The city's law, which went into effect in April, limits the number of
collectives in Palm Springs to two. They must adhere to certain hours
and days and are limited to industrial and manufacturing zones only.

Since April, only two collectives -- CannaHelp and Organic Solutions
of the Desert -- have filed applications to operate in the city,
Director of Planning Services Craig Ewing said.

The deadline to submit applications is July 6. Applications will be
reviewed by the city manager and the City Council. The police
department also conducts a background check.

The city estimates there are five or six collectives and dispensaries
in the city that have been operating illegally since 2006 and have
filed complaints against three (including Holistic Collective), Holland said.

The others are CannaHelp and Community Caregives, Deputy City
Attorney Ben Ammerman said.

Holland said he doesn't agree that state law suggests medical
marijuana dispensaries can operate anywhere in the city.

The city has zoning laws for just about every type of business, Holland said.

"You can't open a McDonald's in a residential neighborhood," Holland said.

While Nick agrees, he said state law dictates that medical marijuana
should be treated like any other drug. A Walgreens or Rite Aid drug
store isn't required to operate in industrial areas, he said.

"If someone wants aspirin, they can go just about anywhere in the
city and get it," Nick said.

It is wrong for the city to stigmatize medical marijuana users, he said.

"They are forcing individuals that want to have a collective to hide
in the industrial zones of the city," Nick said. "They are forcing
them to hide in the corners of the city."

A hearing to discuss The Holistic Collective's demurrer is scheduled
for July 8 in the Riverside County Superior Court.