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News (Media Awareness Project) - US CA: Medical Marijuana Closed Temporarily by Restraining
Title:US CA: Medical Marijuana Closed Temporarily by Restraining
Published On:2010-12-11
Source:Dana Point Times (CA)
Fetched On:2011-03-09 18:28:20
MEDICAL MARIJUANA CLOSED TEMPORARILY BY RESTRAINING ORDER REOPENS

Last Thursday the 4th District Court of Appeals overturned a November
19 restraining order that temporarily halted operation of the Holistic
Health medical marijuana collective in Dana Point.

Although a previous injunction against Holistic Health based on zoning
violations was also temporarily stayed, the city had hoped that the
court would not intervene this time since this recent injunction was
granted on the basis of the city's assertion that the dispensary is
not in compliance with California law, including engaging in
for-profit sales, said City Attorney Patrick Munoz following the
November 19 closure order.

"We had patients/members that suffered unnecessarily during the 13-day
closure and we are pleased that the appeals court has once again
overruled the lower court," said Holistic Health Collective President
Garrison Williams. "We intend to continue our fight because we have a
right to be here and accusations that we are operating illegally are
false. Our attorney and CPA carefully oversee our day-to-day
operations to ensure that we are following all pertinent rules."

Williams went on to say that he has offered to sit down and show the
city their books numerous times in order to demonstrate their legal
operation but that they will continue to resist the release of private
patient information due to their patients' fear of negative recourse
form the city.

"Not only do patients object to city officials knowing that they use
medical marijuana, many don't want it to be common knowledge what
their illness is-AIDS, Parkinson's, cancer, mental health disorders
and other diseases they feel they should be allowed to keep private.
The city just flat out wants us out of town," said Garrison.

The city began seeking the records of this and other collectives more
than a year ago in order to determine whether they were operating
legally. When all of the shops refused to comply with the records
request earlier this year, the city filed lawsuits seeking to shut
down all of the dispensaries in Dana Point.

Both sides remain steadfast in their respective efforts. Expect the
legal volley to continue for some time.
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