Appeals Court Ruling Opens Door For Wildomar Medical Marijuana Operation

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.

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.