MEDICAL MARIJUANA RULING LEAVES FUTURE STILL UNCLEAR

A highly anticipated ruling in a medical marijuana case in Anaheim
has provided little clarity in the issue of cities' banishment of
collectives and cooperatives.

Medical marijuana advocates and opponents statewide were waiting for
an appeals court's decision on the ability for cities to ban medical
marijuana cooperatives through ordinances. However, the Wednesday
ruling ordered that the case be sent back to trial court for more
hearings on the matter.

The opinion was published in the Fourth Appellate District Court
Division 3 in Santa Ana.

Qualified Patients, an Anaheim-based medical marijuana dispensary
sued the city in 2007, when Anaheim attempted to implement an
ordinance banning all medical marijuana dispensaries.

The city of Upland is also attempting to permanently close at least
three medical marijuana cooperatives because zoning codes do not
allow for cooperatives to operate.

Three Upland medical marijuana cooperatives were closed on Tuesday
due a preliminary injunction granted to the city by a judge at the
West Valley Superior Court in Rancho Cucamonga.

Attorneys for Anaheim cited federal law against marijuana as the
reason for banning medical marijuana cooperatives. The court ruled
that the state's Compassionate Use Act applies.

State law permits the operation of medical marijuana collectives and
cooperatives, which are requires to follow a set of guidelines by the
Attorney General's Office.

The use of medical marijuana is still prohibited under federal law,
and some cities chose to side with the feds by banning dispensaries.

Qualified Patients claimed the ordinance discriminated against its
members because of their disability or medical condition, in
violation of the Unruh Civil Rights Act.

The court ruled that the ordinance does not violate the act because
it only applies to businesses, not legislative bodies.

"The City applauds the Court of Appeal in ruling that the City's
ordinance does not violate the Unruh Act. We are, however,
disappointed in that part of the Court of Appeal's decision on the
Federal preemption issue," said Anaheim public information officer
Ruth Ruiz in an e-mailed statement.

The employees of G3 Holistic in Upland are hopeful that the ruling in
the Anaheim case will help keep their medical marijuana cooperative open.

G3 President Aaron Sandusky said he is hoping to be given some time
to wind down his business.

G3 has about 30 employees, he said.

"It's just so difficult to try to lay off everybody today in one
shot, so I'm having a real hard time pulling the trigger," he said Wednesday.