Appeals Court Ruling Opens Door For Wildomar Medical Marijuana Operation
Wildomar Patients Compassionate Group President William Sump said that as a result of the court's March 1 ruling, he will reopen his facility located at 33030 Mission Trail Road on Monday, March 7.
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A Wildomar medical marijuana collective that was forced to close down last year will reopen in the city following a California Fourth Appellate District Court ruling this week.
On March 1, the court issued a writ of supersedeas and ordered that a preliminary injunction issued by the Riverside Superior Court be stayed pending resolution of an appeal.
Wildomar Patients Compassionate Group President William Sump said that as a result of the ruling, he will reopen his facility located at 33030 Mission Trail Road on Monday, March 7.
Last year, Sump opened Wildomar Patients Compassionate Group in the same location on Mission Trail but was quickly ordered to close by the city's code enforcement.
Since its incorporation in 2008, Wildomar has had a zoning ordinance in place that bans medical marijuana operations from opening in the city.
Sump, a 23-year-old student and father of a 3-year-old son, has been challenging the city's medical marijuana ban ever since he was shut down, citing that it is unconstitutional under current state law.
“The appeals court gave us a stay, and we hope the city does not continue this legal matter that is costing it money," he said. "We are following California law and we want to ensure our patients get the medicine they need.”
Following the 2010 closure of Wildomar Patients Compassionate Group and a push by other medical marijuana operations to open in the city, last summer then Councilwoman Sheryl Ade successfully rallied to bring medical marijuana to a council agenda. Subsequently, an ordinance to allow medical marijuana operations in the city was drafted for consideration, but on Sept. 8 council voted 3-1 against adoption. Ade was the sole dissenting vote; Councilwoman Marsha Swanson was absent during the vote.
With no where to turn, Sump took his case to court, arguing that the city's ban is unconstitutional. But on Dec. 20, Riverside County Superior Court Judge Mark E. Johnson granted the city a preliminary injunction that kept Wildomar Patients Compassionate Group shuttered.
Immediately following the judge's ruling, Sump said he planned to appeal.
Under California's Compassionate Use Act of 1996 and the subsequent Medical Marijuana Program Act that became law on Jan.1, 2004, qualified patients and their primary caregivers are permitted "to use, possess and cultivate marijuana for medical purposes without criminal prosecution."
In 2008, then California Attorney General Jerry Brown issued medical marijuana guidelines that state, “Under California law, medical marijuana patients and primary caregivers may associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes.”
But the law does not clearly decide the constitutionality of local medical marijuana bans.
Sump maintains his group operates collectively and follows the letter of the law. In addition to paperwork requirements under the law, Sump said he employs full security measures and scrutinizes potential collective members.
“We are a closed-loop collective,” he said. “People can’t just walk in off the street and buy medicine from us. A person must be a member of our collective, and to become a member they must first have a doctor’s valid recommendation and proof of identification. We verify the doctor and the documents presented to us.”
Sump said Wildomar Patients Compassionate Group currently has approximately 70 members.
With this latest appeals court ruling, it’s unclear where the city will turn.
Wildomar City Manager Frank Oviedo said the city’s legal team is looking at the options.
“We will review the options in closed session on Monday,” Oviedo said. “I don’t know what the options are yet. I'm not clear on how long the stay extends.
“This is uncharted territory,” Oviedo continued, noting that several cities across the state are embroiled in similar cases and there's no definitive rulings on the constitutionality of the bans. “I believe this is going to be decided in the courts.”
Whether the court will be the state's highest is yet to be seen.
Diana
11:28 am on Friday, March 4, 2011
It is my understanding that these places of business are not allowed to use signage or advertisement of any kind. It is also my understanding that they are not allowed to be in a retail environment? Another article reported one of these collective/dispensaries were robbed last night. Allowing these businesses to open is an invitation for their customers to turn on them and rob them of money and product, do we really want this in our neighborhoods? The dispensaries on Grand Ave are in a retail environment, with advertising, one is less then 500' from a dance studio and liquor store another rule that is being broken and yet nothing is done about it.
Steve
1:47 pm on Friday, March 4, 2011
Colorado has figured this out on how to make sure that these collective/dispensers are on the up and up. They put police surveillance cameras inside everyone of these businesses that go right to the police stations and they have someone there monitoring these cameras 24/7. Their surveillance cameras are placed not only where the product is at but by the cash registers. The police monitor the transaction and chart it to ensure that the transaction is legal and that the business owner is adhering to tax laws etc. It is working for Colorado and they are making the tax money off of the sales to make sure that it is all done legal, California needs to figure out how to conduct the sales of marijuana in there State the same way, it would sure help to get us out of debt.
American Girl
3:04 pm on Sunday, March 6, 2011
Steve selling pot isnt going to get California out of debt! Getting rid of the illegals who suck the system dry and the others who were born here and are too lazy to work and keep having babies on the tax payers back! They need to police the system in California!
Tina Tyra
11:54 am on Monday, March 28, 2011
What a joke. A 23 year old pot proponent thinks he knows best. It isn't about medical marijuana but a "legal" way to distribute. We'll be on the Feds to close it down. Maybe we should all go out and picket the place....
American Girl
12:03 pm on Monday, March 28, 2011
What does a 23 year old know about anything? Someone send CPS over to his house and see if he should even have a child!
Diana
1:33 pm on Monday, March 28, 2011
I think that it will be a while before the feds step in but it would be sweet if they did. Flood your local representatives with phone calls and emails to shut this place down. If their is an ordinance against this in Wildomar then they should act on it. If I lived in Wildomar I would be calling the police and anyone else in authority and demand action.
stargate
3:47 pm on Saturday, April 2, 2011
You people need to wake up. Wheter you want it or not cannabis has been with humans since the day one. By going against it you will NOT make it disappear. It will still be around except instead of civilized sales, it will be sold in your back alleys or maybe infront of your house, as it has been for a century. Just think about this.
THERE WERE 847,864 marijuana related crimes in 2008 (0f which only 11 % was trafficking related) AND THERE WERE 594,911 violent crimes in 2008. Don't trust me? NORML.ORG
Anna
10:08 pm on Saturday, April 2, 2011
I have to say in regards to this CPG, when they were opened last year and driving by going to and from the Grocery store especially @ night ( not talking late night, more like early) I noticed a gentleman @ the desk was casual business dressed ( Basically well dressed and cleaned cut ...professional)and I believe their billing department is on Grand Ave. If that is their billing department on Grand Ave they to are dressed casual (more on a professional level or shall say like a Pharmicist but without the lab coat). They are the only Medical Marijuana Despensary that I have seen that are professional.
All the others on Grand Ave and the one up on Casino Drive are not that professional in regards to the personel who work in the Dispensories.
From previous Newspaper Articles of the CPG, just reading the Articles sounds like they are the only group that runs a legitimate Medical Marijuana Despensory. Mind you I'm not for them but I have to fess up and say @ least this one looks Professional even to the point of customers looking well maintained evan on their worst days.
Rusty
1:44 pm on Tuesday, May 3, 2011
Live and let live