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State Supreme Court to Review Temecula Dispensary Case

The state’s high court agreed Dec. 12 to review City of Temecula v. Cooperative Patients Services, Inc.

A case involving a Temecula medical marijuana dispensary will be reviewed by the California Supreme Court.

The state’s high court agreed Dec. 12 to review City of Temecula v. Cooperative Patients Services, Inc.; however, action on the case was deferred pending the court’s consideration of a related case—City of Riverside v. Inland Empire Patient's Health and Wellness Center, Inc.—or further order of the court, case records showed.

In March, Cooperative Patients Services was operating at its last reported location on Via Dos Picos in Temecula when it was raided by the federal Drug Enforcement Administration.

Whether cities and similar jurisdictions have authority to ban dispensaries in California—where the use of marijuana to treat certain medical conditions is legal—is an ongoing argument.

The city’s ordinance prohibiting medical marijuana dispensaries from operating was established in 2006.

The city and Cooperative Patients Services have been embroiled in a court battle since 2011. On Oct. 9, three justices assigned to the Fourth Appellate District Court, Division Two in Riverside came to a 2-1 opinion in favor of the city. The opinion followed the appeal of the city’s injunction against the dispensary.

Cooperative Patients Services applied for and was issued a city of Temecula business license based on its “statement of operations that accompanied its application...[in which it] stated it runs a ―Therapeutic Cannabis (Medical Marijuana) Patients‘ Resource Center,” the opinion of justices Thomas E. Hollenhorst and Manuel A. Ramirez stated.

“Temecula issued a business license, which expired on January 31, 2011. The business license stated, ―Medical marijuana dispensaries are not permitted by the Temecula Municipal Code. Nothing in this business license is intended nor shall it be construed to authorize a medical marijuana dispensary or any other use or action that violates any provision of the Temecula Municipal Code,” the justices wrote.

Justice Jeffrey King gave a differing view.

“I disagree with the conclusion reached by the majority,” King wrote. “I would conclude that while a municipality may restrict and regulate the location and establishment of a medical marijuana dispensary, it may not totally ban or prohibit the dispensary’s presence based solely on its status as a dispensary.”

In November, the attorney representing Cooperative Patients Services filed for a review of the case by the state Supreme Court. The review was approved, while attorney J. David Nick’s request for a stay on the injunction barring the dispensary from operating was denied.

Galactic Cannibal December 30, 2012 at 03:44 AM
How many people have been killed or raped in Temecula because they drunk Alcohol and turned aggressive... How many people in Temeculs have been killed or raped by people who use Marijuana. and got mellow and laughed a lot. HYPOCRISY rules in Temecula and in America,
Theotis December 30, 2012 at 05:48 PM
Actually popeye was sexually abused from drunks but he actually enjoyed it
popeye December 30, 2012 at 06:31 PM
Tea Bagger Theotis was sexually abused by his daddy. Ha ha ha
Gandhi December 31, 2012 at 06:24 AM
We agree again GC! Actually I'd go waaay further and ask, how many people have died due to alcohol and prescription drugs? We read about it every day, from big stars to your brother in law, not to mention the damage done to others, possibly killed by drunk drivers or those left after an alcoholic finally dies, the emotional turmoil is tremendous. And then we have marijuana. Nobody's EVER died from an overdose, rather than make you rude, arrogant, and want to fight others, it tends to "mellow" people out, makes them laugh. AND as a small additional selling point, it cures cancer. Yes, thats correct, it actually cures cancer - I am referring to the concentrated "hemp oil" referred to in the video "Run From The Cure" not just smoking marijuana, although that does help many cancer patients if they choose to go the traditional "slash and burn" route with their cancer and are dealing with nausea, personally I would suggest they consume the hemp oil, much safer and no side effects, except feeling good! The DEA needs to butt out of Californias business - its OUR state - we passed our own laws here and we dont need them interfering. I also don't believe the morons down at city hall have the right to refuse to allow a medical marijuana dispensary here. They allow bars here don't they? You're totally right GC, very hypocritcal and UNACCEPTABLE!
keepn it real December 31, 2012 at 04:20 PM
Prescripton drugs are the biggest problem in america seniors and everyone else ar driving on drugs that they get from Drs..Maybe the feds should Monitor that problem with a data base.start going after drs. That over precsribe. Pot isn't the threat drs are and herion and meth go after those people .

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