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The owners of a medical marijuana dispensary in Cathedral City were uncertain if they would reopen today after a federal judge refused Monday to issue a preliminary injunction that city officials sought against the shop.
"I can open if I want. I'm not sure I'm going to jump right into it," said Virginia Hurn, an owner of Essential Herbs and Oils, said after the decision.
In turning down the injunction, U.S. District Judge Stephen G. Larson said while he understood the city's "frustration," he did not have authority to order the business to cease operations.
"This is complicated by a number of factors," Larson said. "It's complicated by the will of the people of California and the will of the people of Cathedral City. The question is whether the city has a right to bring this action to this court at this time."
Larson said he could find no Congressional or U.S. Supreme Court precedent to validate a "private right of action" by Cathedral City, emphasizing that a federal preliminary injunction for alleged violations of the 1970 Controlled Substances Act should have been sought by the U.S. Justice Department.
"I understand the city's frustration," the judge said. "But I cannot resolve whether the court has the authority to do what you're asking it to do."
Last week, Larson issued a temporary restraining order against Essential Herbs and Oils and its owners, Teresa Sotelo and Hurn, prohibiting them from possessing, selling or distributing marijuana.
In his order, Larson wrote, "defendants seek refuge in California law which legalizes the use of marijuana. However, federal law prohibits distribution of all marijuana, and does not provide an exception for marijuana used for medical purposes."
ACLU Foundation attorney Allen Hopper, representing Essential, argued Monday that if Cathedral City wanted to shut down the business, it should pass a moratorium on licensing medical marijuana dispensaries - or revoke Essential's business license.
Joan Stevens Smyth, representing Cathedral City, said the revocation process was under way. She told the judge the city believed the application of federal law would result in a speedier outcome, and the city was concerned about passing a moratorium because "we figured we'd get sued and end up in state court."
Larson dissolved the temporary restraining order, giving Essential's owners the ability to stay open for business, Smyth said.
"There's nothing stopping them right now," she said.
The attorney said the matter will go back to Cathedral City's council and mayor, who will ultimately decide whether to try to appeal Larson's ruling to the U.S. 9th Circuit Court of Appeals.
Smyth expected the city to solicit the help of the the U.S. Attorney's Office in any future actions against the dispensary.
Essential's Brea-based attorney, Anthony Curiale, said medical marijuana is legal under California law and "not a criminal act."
"This is an issue of state's rights, and the city seems not to care that the people of California voted to allow seriously ill individuals to obtain the medicine recommended to them by their physicians," Curiale said last week.
"The law was on all our side," Curiale said following the decision. "Whether or not my clients will reopen, I will discuss with them. I would prefer to work with the city as opposed to fight them."
Cathedral City and Rancho Mirage are the only Coachella Valley cities without a moratorium or ban on medical marijuana.
Cathedral City Deputy City Attorney Steve Quintanilla, who is also the city attorney for Rancho Mirage, has said a ban is unnecessary because even though California voters approved Proposition 215, federal statutes take precedence over any conflicting state or local laws.
Essential Herbs and Oils opened about a month ago on East Palm Canyon Drive with a business license to make and sell herbs, spices and extracts, Quintanilla said.
Staff writer K Kaufmann contributed to this report.
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