JUDGE REJECTS EFFORT TO KEEP POT SITES OPEN

SANTA ANA - A federal judge has rejected a request by four Orange
County medical marijuana patients for a temporary injunction
preventing Lake Forest and Costa Mesa from shutting down marijuana
dispensaries in their cities.

The four patients - Marla James, Wayne Washington, James Armatrout
and Charles Daniel - argued through their attorney Matthew Pappas
that the Americans with Disabilities Act gave disabled people a
federally protected right to use medical marijuana if such use is
legal under state law and done with appropriate supervision.

The four were asking the court to temporarily prevent the cities from
taking any further action against medical marijuana collectives; bar
the cities from violating the rights of qualified people under the
ADA; award damages for past actions in violation of the ADA; and
award attorneys' fees.

Pappas argued his clients would suffer irreparable harm absent a
preliminary injunction against the cities.

U.S. District Court Judge Andrew Guilford's, however, ruled in favor
of the cities.

In his judgment filed Friday, he concluded: "At this stage, the court
agrees with defendants. Marijuana is a Schedule I controlled
substance under the Controlled Substances Act, and under that Act, it
currently has no medical purpose."

Pappas said he is reviewing the ruling and considering options.
"We'll certainly consider appealing the to the 9th Circuit Court of
Appeals," he said.

Jeffrey Dunn, attorney for the city of Lake Forest, said Judge
Guilford's decision shows a careful analysis of the disabilities act.

"It concluded that the law does not allow the use of marijuana, an
illegal drug under federal law," Dunn said.

Lake Forest Mayor Peter Herzog said he is pleased the judge sided
with the cities and he sees it as an indication the state courts can
proceed with their decisions.

"Essentially the whole purpose of this case was to stop the state
courts and then they threw in the ADA, which has no merit," Herzog said.

Lake Forest officials are awaiting a ruling on their request to shut
down 11 dispensaries in that city.

In September, the city sued 35 people, including medical marijuana
dispensary owners and retail landowners who rented space to them.
Since then, several of the dispensaries have shut down, though 11
remain. The city is involved in several lawsuits targeting clusters
of marijuana collectives based on their locations and ownership.

Shannon Saccullo, who owns Earth Cann Wellness Center, a medical
marijuana collective in Lake Forest, was disappointed by the court's decision.

"This is a sad day where patients are only bound to Western
medicine," said Saccullo, who has drastically cut membership at her
collective by not serving those patients who have medical marijuana
cards issued by doctors who are under investigation.

"Marijuana is a natural substance," she said "It's sad that the judge
hasn't educated himself on these healthful benefits."

In Costa Mesa, there are about 10 to 15 dispensaries that are
illegally operating, according to Deputy City Attorney Jim
Touchstone. In 2005, the city put a zoning ordinance in place
prohibiting them in the city.

"I'm pleased, and I expected that ruling," said Costa Mesa City
Attorney Kimberly Hall Barlow, who added that the city will continue
to enforce its ordinance unless ordered otherwise by the council or
the court. "I'm glad that the judge felt the way we thought."

In February, Costa Mesa police began cracking down on dispensaries
operating illegally in the city without proper business licenses. The
city's police and code enforcement officers have given out
cease-and-desist letters to shops, along with arresting some shop
owners for marijuana sales and possession.

In response, two of the dispensaries that were ordered to shut down
have filed a lawsuit alleging that Costa Mesa's ban is unconstitutional.

In a complaint filed April 19, Herban Elements, Inc. and MedMar
Patient Care Collective allege that the city of Costa Mesa's
ordinance banning medical marijuana dispensaries conflicts with the
state constitution and bars patients from accessing their medicine.