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Ban On Medical Marijuana Upheld

The Fourth District Court ruled that nothing in the 1996 Compassionate Use Act or the Medical Marijuana Program Act pre-empts cities from banning the facilities.

In a move that is expected to have far-reaching implications, on Wednesday a state appellate court upheld Riverside’s citywide ban on medical marijuana dispensaries.

The Fourth District Court ruled that nothing in the 1996 Compassionate Use Act or the Medical Marijuana Program Act pre-empts cities from banning the facilities.

In Riverside County, only the city of Palm Springs allows medical marijuana dispensaries to operate.

In Wildomar, the marijuana ban has been challenged in court.

However, that was announced Oct. 7 forced the closure of Wildomar Patients Compassionate Group.

The federal crackdown is being challenged. to read about it.

Diana November 10, 2011 at 06:55 PM
Hey the dispensaries should all move to Palm Springs they welcome them, not sure they'll be to fond of they're painting buildings green with pot leaves all over them but what the heck it's worth a try!!!!!!!!
LBV Collins November 11, 2011 at 03:14 AM
I respect the state appellate court’s ruling to allow cities to decide whether to ban medical marijuana dispensaries. What I don’t respect are the city councils who have chosen to ban dispensaries and force their citizens who are in pain to buy their medicine from the cartel drug dealers hiding in our back alleys. Our citizens should be outraged that our city officials have turned a blind eye to the legitimate medical needs of our fellow citizens and have chosen instead to deny them safe access to medicine that their doctors have recommended. Through California’s Compassionate Use Act of 1996, we have a legal tool that guarantees safe access to medical marijuana medicine for those suffering from painful maladies. But instead of using this tool to help our fellow citizens alleviate their suffering, our politicians chose to perpetuate our ineffectual 40 year old War on Drugs… and to encourage business for the enterprising cartel drug dealers via increased marijuana sales. These drug dealers are the same monsters feeding our children the poison that destroys their young lives… heroin, ecstasy, cocaine, and methamphetamines. I can only hope that during our next election we citizens of California scrutinize those politicians currently in power who consistently put their own Drug War ideologies ahead of citizens’ needs and replace them with people who have our true needs in mind… and who especially have the needs of the minority of ill people in mind.
Diana November 11, 2011 at 05:34 PM
LBV I appreciate your postings, however I think what has happened with the Compassionate Act is that the illegal dispensaries have ruined it for the ones that are legal and do actually care about those that are ill and in need of marijuana for medicinal needs. In speaking to one of the "legal advocates" he himself told me that out of the 13 dispensaries that were along Grand ave in Lakeland Village only one of them were actually legal. The true dispensaries abide by the laws and rules while operating, they do not have flashing signs outside their building, they don't paint it green with pot leaves all over it, they are low key and those that are ill and in need know where to find them. I also think that it is a shame that those that are in need are paying ridiculous prices for their medicinal marijuana starting at $350.00, which to me is preying on the ill. If Californians truly want to have dispensaries they should follow the guidelines of Colorado, they have figured it out and actually are creating revenue for their State with the dispensaries that are in operation. These dispensaries are monitored by the local police departments via cameras to ensure that the dealings are legal and the public is not getting ripped off. The sick will always be able to get there marijuana but instead of all the fly by night dispensaries they will have to obtain it from a legal source, not from someone that is making money & hiding behind the Compassionate Act. CONT
Diana November 11, 2011 at 05:39 PM
There are only 5 left on Grand Ave, only one or maybe two are actually operating legally, however they all have been given orders to stop business immediately by the County, this order was given months ago yet they remain open. As a business Owner I find it amazing that these dispensaries feel that they are above the law because they are selling "medical marijuana", we all have to abide by laws, ordinances, compliance's and so on and yet the dispensaries do as they want. If I were to be as bold with my business and not be in compliance I can assure you that those in charge would shut me down in a heart beat.
LBV Collins November 11, 2011 at 08:53 PM
Hi Diana. You and I are probably on the same page regarding this issue. I don’t encourage unauthorized businesses opening up, no matter what product or service they provide. And I agree: our cities need to adopt an approach that provides for the legitimate medical needs of truly ill people, without opening the door for abuse by those who just want to buy pot to get high. And therein lies my frustration. I live in Murrieta. Instead of drafting a solution that allows dispensaries to exist legitimately in our city and provide safe access for those who really need Medical Marijuana, our City Council instead voted to ban them outright. They chose to turn their backs on their citizens instead finding a solution to help them. That’s why I want to vote them out. I’m not familiar with Colorado’s approach to handling the distribution of Medical Marijuana, so I’ll check it out. Thanks for the tip. (And to those who may be wondering if I use drugs, the answer is no… I don’t’ use illicit drugs, nor do I know anyone who does. So the fact that our City doesn’t allow dispensaries doesn’t directly impact me one iota. But I feel for those who live in pain and whose doctor’s have recommended that they use Medical Marijuana to alleviate their symptoms. They are a minority… And I’m mad as hell that our City Council has chosen to disregard their needs.)
Justin January 22, 2012 at 03:25 AM
They are all open with unauthorized businesses because the people still need them and for years there have been attempts to get regulations but they wont give anyone the authorization to do so. If they want low key with permits and lic. then give us so ordinance we can work with because people do need the stuff and try to get ride of them is like try to kill off spider mites growing on carpet :)
James July 04, 2012 at 06:40 PM
Hi Diana , I think palm springs has ordinance to allow a limited amount of collectives. I don't think they would like all the illegal operations and basic code violation units we started to get was rediculous...although despesaries have been operating in calif for years. Dispensaries as such are not recognized under the law. The only recognized group entities are cooperatives & collectives although a storefront may be lawful in calif unless they do not comply with guidelines set forth in section IV(A)and (B) (11362.775)and are operating outside the protection of prop 215 and MMP I think Colorado is getting out of hand also they are having problems to with the amount of collectives /dispensaries also with Los Angeles there were originally only 187 ICO allowed collective/dispensaries . But then it to got rediculous with them popping up like mad most were illegal and were to closed down for violating code issues. There is a lot of misunderstanding about MMP and without getting to into it . The voters again will face another vote this November about MMP. The we the people campaign that's going around now I think is a step in getting 3 collectives for 50k population is good. And I hope you sign the petition. Their are a lot of real pataints in need of their meds . And should not be denied their access. Anyway thanks . Peace and god bless.

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