JUDGE BACKS CITY IN POT DISPENSARY BAN

RIVERSIDE - While acknowledging that this was "a troubling case for
the court," a judge nevertheless ruled Wednesday that the city of
Riverside is within its rights to use zoning laws to ban medical
marijuana dispensaries.

"The city has acted within their authority," Superior Court Judge John
Molloy said at the end of the hour-long hearing that pitted attorneys
for the city of Riverside against medical marijuana activists.

Supporters of medical marijuana -- some of whom identified themselves
as cancer patients -- filled the courtroom seats. Others were not
allowed in because all seats were taken.

Molloy delayed enactment of the injunction sought by the city until
Dec. 9, when attorney J. David Nick, representing the Inland Empire
Patients Health and Wellness Center, will request a permanent stay.

Nick said he plans to file a notice of appeal Monday with the Fourth
District Court of Appeal.

Riverside has gone to court to shut down medical-marijuana
dispensaries operating within the city limits.

Wednesday's hearing was the first of seven injunctions being sought by
the city.

City Attorney Greg Priamos said the judge's ruling reaffirmed the
city's belief that it has the right to use land use ordinances to
banish marijuana dispensaries.

"We're very pleased with the court's decision, and we're looking
forward to enforcement of our zoning code against all dispensaries and
collectives in the city of Riverside," Priamos said.

Priamos said Molloy's decision would allow the city to seek expedited
court action against the six other dispensaries and the owners and
operators would be advised in a letter to be sent next week.

Nick said Molloy's decision was not unexpected.

"I don't think local judges want to be seen as being the ones that
allow medical marijuana dispensaries to exist," he said.

But under the California Medical Marijuana Program Act, dispensaries
and collectives must be allowed to operate, although a city can
regulate hours and locations, Nick said.

Marijuana is used to treat a number of medical conditions including
nausea in cancer and AIDS patients and glaucoma.

Molloy said the issue puts cities in a strange situation, because
state law allows the medical use of marijuana, but it's against
federal law.

Priamos said the city is opposed to dispensaries and collectives,
because they bring crime and blight.

"Other cities have had very serious criminal activity occur as a
result of permitting these dispensaries," Priamos said.

On Tuesday, supervisors in Los Angeles and Orange counties banned
medical marijuana shops operating in unincorporated areas.

William Sump, the president and general manager of Inland Empire
Patients Health and Wellness Center on Main Street in Riverside, said
he planned to stay open at least until Dec. 9 when Molloy is set to
decide on whether to grant a permanent stay.

"We have members who depend on us for access," Sump
said.

The marijuana-patient collective on North Main Street has nearly 6,000
members, Sump said.