SAN JACINTO: CITY IN LEGAL DISPUTES OVER MEDICAL MARIJUANA

Add San Jacinto to the list of cities tied up in code enforcement and
court battles over whether storefronts that sell marijuana to patients
can be regulated, and whether they are nonprofit patient cooperatives
or dispensaries started to turn a profit.

In San Jacinto, Nature's Serenity Cooperative opened last October.
After receiving a series of code-enforcement citations and a cease-and
desist-order, its owners sued the city.

A Riverside County Superior Court commissioner ruled May 5 in favor of
the city's position. Jorge Brambila, co-executive director of Nature's
Serenity, said his attorney, James DeAguilera of Redlands, is seeking
reconsideration at a June 17 hearing.

The city disputes whether Nature's Serenity is complying with state
law. Even if it were in compliance, City Attorney Jeff Ballinger said,
the city does not think that "immunizes them from city
regulation."

The lawsuit asks for a court interpretation of an ordinance that
outlaws medical marijuana facilities in San Jacinto, and an injunction
to stop the city from enforcing that ordinance.

Last week, DeAguilera filed a similar lawsuit on behalf of a separate
operation also described as a nonprofit collective, Superior Healing
Solutions, which opened recently on Main Street in San Jacinto.

So far, Brambila said, "I think over a half a million dollars in
fines" has been assessed on Nature's Serenity and the property's landlord.

The storefront in the 500 block of North State Street is in a
commercial complex with pizza and taco restaurants, a smoke shop and
tattoo parlor. Brambila, 26, of Riverside, said he and two
co-executive directors operate Nature's Serenity.

On April 26, the Allied Riverside Cities Narcotic Enforcement Team
served search warrants at the business and residences of the directors
in Hemet and Riverside, according to a news release from the team,
which is made up of law enforcement agencies.

Seven people were arrested, including Brambila, but he said all were
released and no charges have been filed.

"They cleaned us out. They took all of our medications," Brambila
said.

Just over 36 pounds of marijuana and less than a pound of hashish were
seized, according to court documents. Other items included business
and patient records, computers and two handguns.

Nature's Serenity "had been operating their business under the guise
of a medicinal marijuana collective," according to the news release.
The enforcement team alleges that it is operating outside the scope of
the state's Medical Marijuana Program Act as well as the Compassionate
Use Act of 1996.

Brambila denies the allegations.

"We do follow the law," he said, and he carries copies of the
guidelines in his car.

Nature's Serenity had more than 3,000 patients before the raid, he
said. Since reopening May 10, the numbers are around 500, spread by
word of mouth and a website called WeedMaps.com.

Brambila's civil lawsuit asked the court to stop the city from
enforcing its municipal code banning dispensaries. His attorney argued
that state laws prevent local governments from restricting or
prohibiting them.

Superior Court Commissioner John W. Vineyard pointed out in his ruling
that there is nothing in a state Health and Safety Code section that
prohibits a city from adopting ordinances or policies that restrict
the location or establishment of cooperatives or dispensaries.