Wildomar marijuana dispensary will stay open, for now
By JOHN F. HILL
The Press-Enterprise
A judge on Monday denied Wildomar's attempt to shut down a storefront medical marijuana collective operating despite the city's ban on dispensaries.
Riverside County Superior Court Judge Mark E. Johnson denied the city's request for a temporary restraining order. The order would have closed the facility while a judge decides whether the city has the right to ban dispensaries.
Wildomar Patients Compassionate Group opened a dispensary last week in a building on Mission Trail. The group has sued Wildomar to stay open, arguing the ban contradicts state laws that protect safe access to medical marijuana.
Both sides will be back in court Dec. 20.
The collective's attorney, J. David Nick, said the court's decision showed the law favored his client.
"I have absolutely no doubt in my mind that these total bans are illegal and that the courts are not going to allow them," Nick said.
Wildomar has prohibited dispensaries since it became a city in 2008. In September, the City Council voted 3-1 against an ordinance that would have allowed them.
City Manager Frank Oviedo said he wasn't surprised Wildomar failed to get the restraining order. The legal bar -- proving the city would have suffered irreparable damage if the dispensary remained open -- was too high, he said.
The collective's request to immediately halt the city's ban was also denied, Oviedo said.
By JOHN F. HILL
The Press-Enterprise
A judge on Monday denied Wildomar's attempt to shut down a storefront medical marijuana collective operating despite the city's ban on dispensaries.
Riverside County Superior Court Judge Mark E. Johnson denied the city's request for a temporary restraining order. The order would have closed the facility while a judge decides whether the city has the right to ban dispensaries.
Wildomar Patients Compassionate Group opened a dispensary last week in a building on Mission Trail. The group has sued Wildomar to stay open, arguing the ban contradicts state laws that protect safe access to medical marijuana.
Both sides will be back in court Dec. 20.
The collective's attorney, J. David Nick, said the court's decision showed the law favored his client.
"I have absolutely no doubt in my mind that these total bans are illegal and that the courts are not going to allow them," Nick said.
Wildomar has prohibited dispensaries since it became a city in 2008. In September, the City Council voted 3-1 against an ordinance that would have allowed them.
City Manager Frank Oviedo said he wasn't surprised Wildomar failed to get the restraining order. The legal bar -- proving the city would have suffered irreparable damage if the dispensary remained open -- was too high, he said.
The collective's request to immediately halt the city's ban was also denied, Oviedo said.
I rescind my props to the town council 
