Riverside medical marijuana dispensary wins injunction against city efforts at closure

The Riverside medical marijuana dispensary lawyers at the CANNABIS LAW GROUP hail the appeals court decision that permits a local collective to remain open while it fights the city’s efforts to force its closure.

As we reported recently on our Marijuana Lawyer Blog, Riverside County recently scrapped plans for a new ordinance against medical marijuana as a number of state court rulings have sided with the marijuana industry on a number of critical issues. We believe there is strength in numbers and are representing more than a dozen medical marijuana dispensaries in Los Angeles and the surrounding area. We encourage business owners, growers and patients to stand up and fight for their rights. And we believe they will ultimately prevail against the overreaching and unfair local ordinances that have found favor with local politicians more worried about seeking the spotlight than addressing the important issues in their communities.

The Press-Enterprise reports the appeal’s court ruling comes in the face of a lower court ruling that found in favor of the city, which had sought to close Inland Empire Patients Health and Wellness Center.

This is at least the second recent appeals court decision to favor the marijuana industry. We believe there will be others. As these cases rise above the local courts and city and county politics, state law is more likely to prevail on the merits. Medical marijuana dispensaries and collectives are operating legally under state law.

This collective opened in December 2009 and serves 6,000 private members, mostly in Riverside County. It was the first to be targeted with legal action by the City of Riverside, which has been particularly aggressive (and we believe abusive and overreaching) in its battle against the marijuana industry.

The city is using zoning laws in an effort to shut down dispensaries. In November, a local judge ruled the city had the right to do so but granted an injunction while the wellness center appealed. Among the center’s arguments is the contention that local governments can regulate dispensaries but may not ban them entirely.

The appeals court continued the injunction in this case while it considers the matter. The city has requested injunctions against a number of other facilities. Some have closed voluntarily and it is pursing others in court.

This center has chosen to fight, and has been able to survive as a result.

The CANNABIS LAW GROUP is representing more than a dozen dispensaries in lawsuits over local city and county ordinances in Los Angeles and the surrounding area. Call 949-375-4734 for a confidential consultation to discuss your rights.