NEWS: Medical marijuana in Southwest Riverside County appears ‘up in smoke’ with recent decisions.

On Monday, Riverside County Superior Court Judge Mark Johnson ordered the Wildomar Patients Compassionate Group to close.

Stoking embers of controversy, SouthwestRivCo cities and Riverside County continue to fight against marijuana dispensaries.

Wildomar became the latest city to ban dispensaries, after a Riverside County judge ruled in its favor.

On Monday, Riverside County Superior Court Judge Mark Johnson ordered the Wildomar Patients Compassionate Group to close. A week earlier, Lake Elsinore City Council members voted to continue a moratorium on the businesses. Riverside County also reversed plans to allow dispensaries in certain areas and kept in place a county ordinance banning the dispensaries.

Wildomar Decision

Wildomar Patients Compassionate Group opened a dispensary in early December after filing a suit against the city. The group contends that the city’s ban on dispensaries contradicts state law granted safe accessing to medical marijuana.

The two sides were in court on Monday. Judge Johnson upheld the city’s ban and immediately ordered the existing Wildomar dispensary to close. The group’s attorney has stated he will file an appeal with the appellate court.

The city voted in 2008 to ban the dispensaries.


Lake Elsinore Decision

On December 14, Lake Elsinore council members continued a moratorium on dispensaries. The temporary ban dates back to Dec. 2009.

The city postponed a decision to wait and see the outcomes of legal proceedings and court ruling from other cities. At the time, the city wanted to see what leeway cities could have in limiting dispensaries.

The staff report for Tuesday’s meeting states the issue is still too undefined to take action on from a legal standpoint.

Riverside County

On the same day, that Lake Elsinore continued its ban, the Riverside County Board of Supervisors reversed plans to create zones where medical marijuana dispensaries could operate. Instead, supervisors decided to stick with an existing ban on marijuana shops.

The county had been working on zoning ordinances that would have allowed dispensaries in certain areas. The supervisors decided to stick with the current ban after watching neighboring counties enact bans.

Source: Southwest Riverside News Network

NEWS: Two-month probe into marijuana sales in Winchester nets five arrests

The illegal business was operating in the 28000 block of Winchester Road and investigators began looking into the matter after receiving reports from nearby residents.

Five people whom authorities contend operated an illegal marijuana selling business in Winchester have been arrested following a two-month investigation, said Sgt. Joe Borja.

The illegal business was operating in the 28000 block of Winchester Road and investigators began looking into the matter after receiving reports from nearby residents who were concerned because the business was located close to an elementary school and a church, Borja said in a news release.

Members of the Riverside County Sheriff’s Department and Riverside County Code Enforcement conducted a two-month investigation due to the complaints.

The investigation revealed that the operators of the business were selling marijuana and operating outside of the medical marijuana laws due to the business operating for profit, Borja said. Over ten pounds of marijuana and 96 marijuana plants were confiscated during the operation as evidence.

The operators of the business were identified as Ryan Jacobson, 26, Scott Buffington, 25, both of Lake Elsinore; Gary Riddle, 28, of Temecula, Isaac Morton, 25, of Winchester and David Juliano, 25, of Menifee.

All five of the suspects were booked on suspicion of possessing marijuana for sale. Investigators are will also request an additional charge of cultivation of marijuana be filed against Juliano and Jacobson.

Anyone having information regarding the investigation can contact Investigator K. Thurm at 951-955-1700.

Source: Southwest Riverside News Network

NEWS: Marijuana debate back before supervisors

Riverside County supervisors John Benoit and Jeff Stone will ask their colleagues today to rescind the board's order to draft a law regulating medical-marijuana dispensaries.

The two supervisors first asked for the medical-marijuana law in September. Two weeks ago, Benoit changed his position and called for a renewed ban.

An ordinance regulating how and where dispensaries could locate in unincorporated areas would have ended the county's four-year prohibition on the businesses.

Benoit and Stone in their proposal wrote that they are concerned that the "number of these dispensaries will increase exponentially" after county supervisors in Los Angeles and Orange counties banned them last month.

"As bans are created and maintained in surrounding jurisdictions, dispensary operators will flock to the county and the county will disproportionately bear the cost and burden of regulation," the two supervisors said.

They said the cash-strapped county would be better off enforcing the existing ban rather than "drafting, implementing and enforcing a new ordinance."

The county is likely to face vocal opposition to a continued ban from medical-marijuana users and activists. Many turned out at last week's board meeting to protest comments Benoit made Nov. 30 about keeping the ban.

But only two people spoke, since the public comment portion of the board's 9:30 a.m. meeting did not take place until after 3 p.m. Some activists yelled at supervisors when they decided to break for lunch and a closed session before taking public comment.

Terry Lynn Mortensen, of Riverside, told supervisors they should not ban dispensaries.

"Regulate us. License us. Send the health department in," she said.

Prohibiting dispensaries will force medical-marijuana patients to the streets to buy the drug, she said.

"We are not people that run around the streets getting high. We are people that are using the medical marijuana as directed by our doctors," she said. "I ask for some understanding and sympathy and ask that you represent the people who voted for Proposition 215."

Source: The Press-Enterprise

NEWS: Medical marijuana dispensary can stay open through December 20, 2010

A Riverside medical marijuana collective can remain open through Dec. 20 while it awaits a decision by an appeals court, a judge decided Thursday.

The city of Riverside sought an injunction to close the Inland Empire Patients Health and Wellness Center on North Main Street, arguing that the city zoning code prohibits marijuana dispensaries.

At a hearing Thursday, Riverside County Superior Court Judge John D. Molloy continued to support the city's authority to ban dispensaries through zoning, and he refused to grant a permanent stay of the injunction. But he allowed the health and wellness center to remain open while its attorney, J. David Nick, asks the California Fourth District Court of Appeal to stay the injunction.

Whether the appeals court lets the dispensary remain open or not, the larger issue of using land use ordinances to ban dispensaries -- a step several Southern California cities and counties have taken -- is not likely to be decided for some time.

"We all know that this is headed for appeal, and it's probably going to go all the way up (to the California Supreme Court) unless higher courts reject it," Molloy said.

The city is taking legal action against five dispensaries in all, City Attorney Greg Priamos said earlier this week. Seven others have closed since the city began its enforcement strategy a few months ago, he said.

Medical marijuana supporters have argued that under state law, cities can regulate dispensaries but not ban them outright.

Marijuana use remains prohibited by federal law.

Later Thursday, Nick estimated it could take about 18 months for the issue to be resolved.

Similar cases are also being litigated, including a challenge to Anaheim's dispensary ban that the Fourth District appeals court recently sent back to an Orange County judge, and Los Angeles County's suit against a patients' collective in Covina, a group Nick also represents.

Source: Press Enterprise

NEWS: Judge backs city in pot dispensary ban

RIVERSIDE - While acknowledging that this was "a troubling case for the court," a judge nevertheless ruled Wednesday that the city of Riverside is within its rights to use zoning laws to ban medical marijuana dispensaries.

"The city has acted within their authority," Superior Court Judge John Molloy said at the end of the hour-long hearing that pitted attorneys for the city of Riverside against medical marijuana activists.

Supporters of medical marijuana -- some of whom identified themselves as cancer patients -- filled the courtroom seats. Others were not allowed in because all seats were taken.

Molloy delayed enactment of the injunction sought by the city until Dec. 9, when attorney J. David Nick, representing the Inland Empire Patients Health and Wellness Center, will request a permanent stay.

Nick said he plans to file a notice of appeal Monday with the Fourth District Court of Appeal.

Riverside has gone to court to shut down medical-marijuana dispensaries operating within the city limits.

Wednesday's hearing was the first of seven injunctions being sought by the city.

City Attorney Greg Priamos said the judge's ruling reaffirmed the city's belief that it has the right to use land use ordinances to banish marijuana dispensaries.

"We're very pleased with the court's decision, and we're looking forward to enforcement of our zoning code against all dispensaries and collectives in the city of Riverside," Priamos said.

Priamos said Molloy's decision would allow the city to seek expedited court action against the six other dispensaries and the owners and operators would be advised in a letter to be sent next week.

Nick said Molloy's decision was not unexpected.

"I don't think local judges want to be seen as being the ones that allow medical marijuana dispensaries to exist," he said.

But under the California Medical Marijuana Program Act, dispensaries and collectives must be allowed to operate, although a city can regulate hours and locations, Nick said.

Marijuana is used to treat a number of medical conditions including nausea in cancer and AIDS patients and glaucoma.

Molloy said the issue puts cities in a strange situation, because state law allows the medical use of marijuana, but it's against federal law.

Priamos said the city is opposed to dispensaries and collectives, because they bring crime and blight.

"Other cities have had very serious criminal activity occur as a result of permitting these dispensaries," Priamos said.

On Tuesday, supervisors in Los Angeles and Orange counties banned medical marijuana shops operating in unincorporated areas.

William Sump, the president and general manager of Inland Empire Patients Health and Wellness Center on Main Street in Riverside, said he planned to stay open at least until Dec. 9 when Molloy is set to decide on whether to grant a permanent stay.

"We have members who depend on us for access," Sump said.

The marijuana-patient collective on North Main Street has nearly 6,000 members, Sump said.

Source: The Press-Enterprise