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veggie

Registered: 07/25/04
Posts: 17,538
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Marijuana dispensary wins court ruling [CA]
#8593588 - 07/04/08 12:05 AM (15 years, 10 months ago) |
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Marijuana dispensary wins court ruling July 3, 2008 - ocregister.com
ORANGE – A medicinal marijuana dispensary won the first round of its legal battle against the city of Orange to remain open.
A Superior Court judge Thursday denied the city's motion to dismiss a civil suit filed by Nature's Wellness Collective – which argues it has a legal right to stay open. The city had contended it was well within its rights to shutter the dispensary.
The city has been trying to shut down the dispensary since March. But the ruling means it can stay open, at least for now.
Herbert Papenfuss, the dispensary's attorney, said the court ruling essentially nullifies a city code that states that businesses must be consistent with federal and state laws.
"The court ruled that the city is wrong,'' Papenfuss said. "The city has been rebuked, and I'm sure the ordinance is going to be declared unenforceable."
Assistant City Attorney Wayne Winthers said the city's position wouldn't change.
"It doesn't give them any special right to their use," he said. "The case proceeds to the courts, and anywhere from six months to a year-and-half from now, we'll get a trial."
Nature's Wellness was issued a city business license, which City Attorney David DeBerry said was a mistake. The dispensary was raided on March 4 by Drug Enforcement Agency agents and Orange police – little more than two months after it opened.
California voters passed Proposition 215 in 1996. It allows marijuana usage for medicinal purposes, which Papenfuss said supersedes federal laws banning all marijuana use.
Dispensary owner Bob Adams said he was cautiously relieved.
"We have a long way to go, and I realize that," Adams said. "Hopefully, we can get the community and local authorities in step with us."
Papenfuss said the city must prove that Adams is violating state law.
"I don't really care what the procedure is, he will be able to establish that he is in compliance with all state laws," Papenfuss said.
Charles Monson, an Orange resident and medicinal marijuana advocate, called the ruling "lifesaving."
"It means that the city of Orange is beginning to obey the law in this area," Monson said.
Mayor Carolyn Cavecche declined to comment, saying the case is on-going.
Councilman Denis Bilodeau said the issue is a sensitive subject.
"I understand the need to be compassionate towards people that have cancer or other ailments that marijuana has helped," Bilodeau said. "But there's still a federal law, which makes it illegal. It's something we have to sort out."
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j0nnyb0y05
IBelieveInBelivin



Registered: 09/01/07
Posts: 2,076
Loc: Going Going, Back Back to
Last seen: 9 years, 10 months
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Re: Marijuana dispensary wins court ruling [CA] [Re: veggie]
#8594123 - 07/04/08 05:40 AM (15 years, 10 months ago) |
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WHy are they wasting their time trying to shut down one person? They are wasting their time and money, just so they can push the little guy around. they probably used all of the dea for 2 months, spending millions to shut this place down, only for them to find out they were going to fail. That money could have been used in way for effective ways than to punish cancer patients.
-------------------- .....Healing Of People Everywhere.....
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MarioTrip
since84



Registered: 10/21/07
Posts: 2,207
Loc: 69 w/ you
Last seen: 15 years, 7 months
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Re: Marijuana dispensary wins court ruling [CA] [Re: j0nnyb0y05]
#8594638 - 07/04/08 11:55 AM (15 years, 10 months ago) |
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the government isn't very bright
-------------------- I'm Livin' It, distribute it The streets are inhibited By cut throat niggas just like me that out there getting dividends
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King Koopa
Mr. Hit Dat Hoe



Registered: 06/02/08
Posts: 8,045
Loc: Houston
Last seen: 13 years, 8 months
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Re: Marijuana dispensary wins court ruling [CA] [Re: MarioTrip]
#8594649 - 07/04/08 12:00 PM (15 years, 10 months ago) |
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america... america...
-------------------- Best Post on the Shroomery Don't criticize my mess unless you'd like to become part of it.
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Plok
Life is fractal


Registered: 09/08/04
Posts: 1,152
Loc: Los Angeles
Last seen: 2 months, 15 days
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Re: Marijuana dispensary wins court ruling [CA] [Re: King Koopa]
#8595295 - 07/04/08 03:26 PM (15 years, 10 months ago) |
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I'm just happy that they're keeping that dangerous drug out of our streets and the hands of our children. No one will be able to get weed in Orange if they close this place!
-------------------- Just say NO to the War on Drugs.
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Coaster
Baʿal



Registered: 05/22/06
Posts: 33,501
Loc: Deep in the Valley
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Re: Marijuana dispensary wins court ruling [CA] [Re: Plok]
#8595318 - 07/04/08 03:35 PM (15 years, 10 months ago) |
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BWAHAHAHHAHA every clinic i read an article on ive been 2
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GoldenCapAttack
Psilocybin Dumpster Divin'



Registered: 06/21/08
Posts: 890
Loc: Mush Mountain
Last seen: 5 years, 1 month
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Re: Marijuana dispensary wins court ruling [CA] [Re: King Koopa]
#8595405 - 07/04/08 04:00 PM (15 years, 10 months ago) |
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Quote:
King Koopa said: america... america...
Land of the free? more like the land of hypocritical twisted politics.
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