Route 66 Nursery, 1743 W. Foothill Blvd., had appealed a decision by city staffers to deny their application for a business license.
Council members denied the application because the cooperative was not consistent with the city's zoning ordinance that prohibit medical marijuana cooperatives.
The council denied the appeal on Monday at a special meeting at City Hall.
"We've been consistent, I think, in our dealing with four previous facilities involving marijuana and I see this as being slightly different, but still I think we are within our boundaries to deny it," Councilman Tom Thomas said.
Qualified medical marijuana patients can pay a monthly fee for a small plot to grow and cultivate their own medical marijuana at Route 66 Nursery.
The nursery applied for a business license on June 28 and had it denied two days later.
The nursery in September filed an appeal letter challenging the city's decision.
David Welch, the attorney representing Route 66 Nursery, said the city's zoning ordinance is inconsistent with state law.
California voters approved the Compassionate Use Act in 1996, which decriminalized the use of marijuana for medical purposes.
Welch also cited the Medical Marijuana Program Act of 2004 that made it possible for the state to determine ways of dispensing medical marijuana.
"I really focus on the true intent for the seriously ill. If the seriously ill can't cultivate marijuana in the city of Upland, must they go outside the city or can they (the patients) do it?" Welch said. "This legislation and the people of California were wise enough to allow that to occur for them, but the city of Upland denied them that right, so I'll talk to my client and proceed from there."
However, the city's position is that there is nothing in either act that requires the city to allow medical marijuana cooperatives, dispensaries or nurseries, according to the staff report.
Source: Contra Costa Times
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