RULING LETS CITY SHUT POT CLINICS

LAKE FOREST - A Superior Court judge issued a ruling Wednesday
allowing Lake Forest to shut down all medical marijuana dispensaries.

Judge David Chaffee's ruling is in response to lawsuits filed by Lake
Forest seeking a preliminary injunction to stop dispensaries from
operating. The city argued the dispensaries violate zoning laws.

Chaffee agreed, citing two reasons:

. Cities are legally prohibited from passing land-use ordinances that
violate state or federal law. Marijuana is illegal under federal law,
so land-use laws that allow medical marijuana dispensaries would be prohibited.

. Because the city municipal code does not allow dispensaries, they
have to be closed down.

In his ruling, Chaffee wrote: "Defendants are barred from conducting,
allowing, permitting, inhabiting, leasing, renting or otherwise
granting authority to use properties in the above described manner."

In September, Lake Forest sued 35 people in the city, including
medical marijuana dispensary owners and retail landowners who rented
space to them. Since then, 10 collectives have shut down. Eleven
continue to operate.

Jeffrey Dunn, who is representing Lake Forest, said he believes
Chaffee's ruling could eventually force the closure of all marijuana
dispensaries in the state. For now, because the ruling is a trial
court decision, it applies only to Lake Forest, where dispensaries
will have to close down immediately unless they get a temporary stay.

"Were it to be appealed and a court of appeal would uphold this
ruling, it could be precedent setting for other cities in
California," Dunn said. "It means medical marijuana dispensaries
aren't allowed in the city of Lake Forest and they shouldn't be
allowed in any cities - that's the big story in this."

Christopher Glew, an attorney representing the dispensaries, said he
will move for a stay immediately and will appeal the ruling.

"We're obviously not happy with the judge's ruling," Glew said.
"Since day one, we've been trying to sit down with the city and reach
a common ground. We tried to avoid the litigation process. Now we'll
take this to the court of appeals. We anticipate a favorable outcome
from the appeal court. We think it's a sad day for the citizens of
Lake Forest in a sense that patients in that city will now be denied
access to medicine pursuant to this judge's ruling."

Mayor Peter Herzog said the issue was about the city's right to
enforce its zoning laws.

"We're very pleased the courts have agreed that the city can protect
its zoning and the quality of life in Lake Forest," Herzog said.

When news of the ruling spread Wednesday afternoon among many of the
city's remaining medical marijuana shops, employees called owners not
knowing what to do.

Shannon Saccullo, who owns Earth Cann Wellness Center, first heard
the news when employees - worried about their jobs - called her,
wanting to know what to do.

"They asked me, 'Do we still see members, what do we do?'" Saccullo
said. "I told them our doors will be open until we get a note from
the city to shut down."

Saccullo said she is not clear on what will happen next.

"I opened this as a place to have safe access to natural medicines,"
she said. "I worry about what will happen to the members now."

Bryan Jordan, who operates Care Mutual in Foothill Ranch and serves
about 100 people a day, said he is surprised by the ruling but is
still optimistic that his dispensary and others whose owners are
responsible and sensitive to the community can co-exist with the city.

"We will definitely appeal this," he said. "We will fight to stay
open and serve our customers."