A judge on Monday ruled that Wildomar's ban on medical marijuana operations will be allowed to stand, forcing a local cannabis facility to close its doors.

Riverside County Superior Court Judge Mark E. Johnson granted the city a preliminary injunction to shut down Wildomar Patients Compassionate Group, a medical marijuana collective that opened for business earlier this year on Mission Trail Rd.

Wildomar Patients Compassionate Group was challenging the city's ban, citing that it is unconstitutional under current state law.

Since its incorporation in 2008, Wildomar has had a zoning ordinance in place that bans medical marijuana operations from setting up shop in the city.

During the hearing, Judge Johnson listened to oral arguments that lasted nearly one hour before making his decision to grant the injunction.

"I do believe the actions of Wildomar Patients Compassionate Group are violating zoning ordinances of Wildomar," the judge said in his ruling.

Judge Johnson said the city's ban does not conflict with language contained in the state's Compassionate Use Act or its Medical Marijuana Program, and he cited several instances of case law. He also said that denying the injunction would cause irreparable harm to the city.

During the hearing, the attorney for Wildomar Patients Compassionate Group, J. David Nick, argued that total bans on medical marijuana operations aren't constitutional. 

"(A city's) power to zone has to be limited to the state constitution," he said.

Cities can enact regulations like where and when medical marijuana facilities can operate, "but they can't ban it," Nick said, noting that the state's decision to allow medical marijuana is not "an invitation for municipal legislation."

Attorney Stephen A. McEwen argued on behalf of the city and said Wildomar Patients Compassionate Group was "undermining the city's zoning code," and if allowed to continue would cause "significant harm."

After the judge's ruling, Nick asked for a temporary two-week stay but the request was denied.

William Sump, president of Wildomar Patients Compassionate Group, said his group plans to appeal the ruling.

"I'm confident we will prevail," he said.

Nearly a dozen medical marijuana advocates were onhand for the hearing.

Ron Downey of Nueveo said he was disappointed by the ruling.

"There are a lot of people in the community who rely on this medicine," he said. "It's about safe access for them. We're picking on the sick and elderly."

Under California's Compassionate Use Act of 1996, qualified patients and their primary caregivers are permitted "to use, possess and cultivate marijuana for medical purposes without criminal prosecution." In 2003 the Medical Marijuana Program was enacted in the state. The program established, among other things, a voluntary registration of qualified medical marijuana patients and their primary caregivers through a statewide identification card system.

STORY UPDATE:

Monday afternoon the Court of Appeal/State of California Fourth District, issued a stay in the case of City of Riverside v. Inland Empire Patient's Health and Wellness Center, Inc. et. al. The ruling allows Riverside-based Inland Empire Patient's Health and Wellness Center, Inc. to remain open.

The center, a medical marijuana collective, is operated by William Sump, president of Wildomar Patients Compassionate Group.

"This very good news for us," Sump said after the stay was issued. "This is the same court that will hear the appeal in the Wildomar case. We hope to be open there (Wildomar) in two weeks."