News (Media Awareness Project) - US CA: Medical Marijuana Co-Op Violated Order |
| Title: | US CA: Medical Marijuana Co-Op Violated Order |
| Published On: | 2011-04-12 |
| Source: | Press-Enterprise (Riverside, CA) |
| Fetched On: | 2011-04-16 06:02:55 |
MEDICAL MARIJUANA CO-OP VIOLATED ORDER
Lawyers for Temecula are accusing a self-described medical marijuana
cooperative of violating a temporary restraining order that barred the
establishment from distributing marijuana.
A court commissioner on Tuesday set an April 26 hearing date for
Cooperative Patients' Services to prove it did not violate the order,
said Peter Pierce, an attorney with Richards, Watson & Gershon, which
is representing the city.
The city says that the establishment, which operates out of a rented
space on the southern end of Old Town Front Street, sold $50 worth of
marijuana to an undercover sheriff's deputy. The papers filed Monday
include a sworn statement by Deputy Wesley Martinelli, who said he saw
another deputy enter the establishment and come out with marijuana.
Jonathan Preston, a lawyer for the establishment, denied the
allegations. He declined to elaborate because of the upcoming court
hearing.
Temecula is asking a judge to fine the establishment $10,000 and order
it to pay $4,000 toward the city's attorneys' fees.
Last week, the city convinced a judge to issue a court order barring
the establishment from making marijuana available anywhere in the
city, operating without a valid certificate of occupancy or tax permit
and "maintaining public nuisances" on its property. City officials say
the establishment violates Temecula's ban on medical marijuana
dispensaries.
Lawyers for the establishment immediately appealed the ruling,
enforcement of which was delayed so an appeal could be filed with the
California Fourth District Court of Appeal.
The establishment's leaders contend it is not a dispensary, but a
nonprofit, agricultural co-op in which legitimate medical marijuana
patients exchange the drug with one another.
Its lawyers hope the Fourth District court will issue an order
delaying the ruling longer, while the larger legal issue of cities'
ability to ban medical marijuana establishments is decided. A medical
marijuana facility in Wildomar reopened after the San Diego-based
appellate court issued a stay.
Lawyers for Temecula are accusing a self-described medical marijuana
cooperative of violating a temporary restraining order that barred the
establishment from distributing marijuana.
A court commissioner on Tuesday set an April 26 hearing date for
Cooperative Patients' Services to prove it did not violate the order,
said Peter Pierce, an attorney with Richards, Watson & Gershon, which
is representing the city.
The city says that the establishment, which operates out of a rented
space on the southern end of Old Town Front Street, sold $50 worth of
marijuana to an undercover sheriff's deputy. The papers filed Monday
include a sworn statement by Deputy Wesley Martinelli, who said he saw
another deputy enter the establishment and come out with marijuana.
Jonathan Preston, a lawyer for the establishment, denied the
allegations. He declined to elaborate because of the upcoming court
hearing.
Temecula is asking a judge to fine the establishment $10,000 and order
it to pay $4,000 toward the city's attorneys' fees.
Last week, the city convinced a judge to issue a court order barring
the establishment from making marijuana available anywhere in the
city, operating without a valid certificate of occupancy or tax permit
and "maintaining public nuisances" on its property. City officials say
the establishment violates Temecula's ban on medical marijuana
dispensaries.
Lawyers for the establishment immediately appealed the ruling,
enforcement of which was delayed so an appeal could be filed with the
California Fourth District Court of Appeal.
The establishment's leaders contend it is not a dispensary, but a
nonprofit, agricultural co-op in which legitimate medical marijuana
patients exchange the drug with one another.
Its lawyers hope the Fourth District court will issue an order
delaying the ruling longer, while the larger legal issue of cities'
ability to ban medical marijuana establishments is decided. A medical
marijuana facility in Wildomar reopened after the San Diego-based
appellate court issued a stay.
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