PATIENTS NOT PLAINTIFFS

A Collective Showdown; Judge Dismisses Group From Owners' Lawsuit Against City

A judge Tuesday dismissed patients from a lawsuit filed on behalf of
medical-marijuana dispensary owners against the city of Redding,
noting "the real showdown" will take place next month.

Shasta County Superior Court Judge Stephen Baker struck from the case
the plaintiff referred to as "all patients affiliated with" the five
collectives represented by Berkeley attorney Alec Henderson. Los
Angeles lawyer Randall Rich advised the judge by telephone Tuesday he
would withdraw as Henderson's co-counsel in the case.

The owners and collectives -- Trusted Friends, Safe Arbor, Herbs and
Edibles, Northern Patients Group and Family Tree Care Center --
remain parties to the action. Following the hearing, Henderson cited
numerous rulings he said supported individual patient rights with
respect to the suit.

"I think it's been clearly established," he said. "Unfortunately the
court disagreed."

On Nov. 15, the City Council voted to ban dispensaries effective Dec.
1. Henderson and Rich sought to block that decision in court,
claiming the city acted outside its jurisdiction and violated due
process of the dispensaries, owners and patients by giving only a
two-week notice.

But on Nov. 30, Baker struck the plaintiffs' motion for a preliminary
injunction because of "procedural defects" and denied a request for a
temporary restraining order to keep the ban from taking effect. At
the time, Baker said he was not ruling on the merits of the case.

Subsequent pleadings have been filed, and a hearing has been
scheduled for Feb. 27. That's the "real showdown" on the injunction,
Baker said.

Assistant City Attorney Barry DeWalt said after the hearing a number
of dispensaries have closed voluntarily and he's "negotiating with
several others" to follow suit.

"We're narrowing the field," DeWalt said.

In passing its urgency ordinance, the city cited a 2nd District Court
of Appeal ruling that concluded efforts in Long Beach to regulate
collectives went beyond Proposition 215, the Compassionate Use Act of
1996, and conflicted with federal law. Sixteen collectives had
permits in Redding before the December ban.