NEWS: Wildomar medical marijuana collective goes to court

Wildomar, California

The organizers of a Wildomar medical marijuana collective are asking for the court's help in their fight to stay open.

Wildomar Patients Compassionate Group is seeking an order to stop the city Planning Director Matthew Bassi from enforcing the city's ban on medical marijuana dispensaries.

In legal papers filed Monday in Riverside County Superior Court, lawyers for the collective argued that Bassi's legal authority to enforce the ban conflicts with state law that allows for the medicinal use of marijuana. The petition also alleges that Bassi's actions "are motivated exclusively by a desire" to eliminate collectives.

Wildomar City Manager Frank Oviedo on Wednesday said the petition wasn't unexpected. He said the city attorney will review the petition and advise the City Council.

The petition comes more than two months after the council upheld the city's ban on dispensaries. The nonprofit collective, which signed a one-year lease for a Mission Trail property last December, opened in March but soon received a cease-and-desist letter from the city threatening civil and criminal action if it didn't shut down, according to the petition.

Besides an order to stay open, the collective also wants the court to rescind the letter.

The collective suspended operations so the council could craft an ordinance allowing collectives. But the council voted 3-1 with one absent in September to retain the ban.

The petition comes as another collective gets started in Temecula. Cooperative Patients' Services argues that Temecula's dispensary ban doesn't apply to it, because the collective isn't selling marijuana to patients but patients are exchanging it with each other.

Temecula officials have said the collective has no right to handle marijuana.

In Riverside, a judge on Wednesday ruled the city was within its rights to use zoning laws to ban dispensaries. The city is trying to shut down seven dispensaries within its boundaries.

Currently, Palm Springs is the only Riverside County city to allow dispensaries. The Riverside County Board of Supervisors is considering a law to permit dispensaries in unincorporated areas.

Source: The Press-Enterprise