MARIJUANA CLINIC WINS IN COURT

Local Facility Cleared To Distribute Pot

HACIENDA HEIGHTS -- The first medical marijuana dispensary in the San
Gabriel Valley is now free to distribute marijuana to patients with
doctors' notes, a judge ruled Wednesday.

Los Angeles County Superior Court Judge David Yaffe ruled against Los
Angeles County, denying its request for a preliminary injunction
against Hacienda Heights-based dispensary California Medical
Caregivers Association.

The decision is a victory for locals who use marijuana as medicine to
treat cancer, anorexia, glaucoma, AIDS and other illnesses, said
Richard Gordon, an attorney for CMCA.

"Now, patients on the east side of the county will be able to have
access to their medication,' he said.

County Supervisor Don Knabe, who led efforts to stop the dispensary,
was disappointed with the decision.

"What we are trying to do here is protect the quality of life in our
neighborhoods, just like we would do in any other zoning issue,' he
said in a prepared statement. "We would not build an oil refinery
next to a school or a (residential area) without some checks and
balances in place. That is exactly what we should have when it comes
to the location of a medical marijuana dispensary.'

County attorneys argued CMCA flouted a 45-day moratorium on
dispensaries in unincorporated areas, which the county passed May 31
soon after learning of two dispensaries' plans to open - CMCA, and
another in Rowland Heights. The county won a temporary restraining
order three weeks ago against CMCA, prohibiting it from distributing marijuana.

But the court ruled the county's ban does not comply with state code
regarding urgency ordinances. The dispensary does not need more
approval to operate because there are no ordinances in the L.A.
County zoning code regulating medical marijuana dispensaries, Yaffe ruled.

Dispensary operators said they were exempt from the ban anyway,
because they were registering patients before it took effect, even
though they hadn't actually provided any marijuana to patients. They
signed a lease for the office at 15838 Halliburton Road in March, and
have since registered at least 100 patients.

"It's like a real estate firm before the first sale,' Gordon said.

CMCA director David Nam declined to comment on advice of his
attorney, but has said in the past the dispensary will have security
guards to prevent reselling or smoking at or around the site.

The county will consider appealing the decision, and has not yet
determined if the ruling upturns the countywide moratorium, said
David Sommers, spokesman for Don Knabe.

Mike Williams, Hacienda Heights Improvement Association president,
said he will again invite dispensary operators to attend his group's
next meeting to discuss the concerns of residents, many who say the
dispensary is too close to schools. Dispensary operators did not
attend a previous HHIA meeting on advice of their attorney.

"We'd like to understand their selection of a location. And, of
course, we'd like to understand how they're going to operate,'
Williams said. "The community has very little information. It would
be nice if they would come and talk to us.'