[420 Girl]

An Orange County judge will decide the legality of Costa Mesa's citywide ban on marijuana dispensaries.

Two dispensaries, Herban Elements Inc. and MedMar Patient Care Collective, have filed suit against the city, alleging the ordinance is unconstitutional.
The two businesses are among several dispensaries that city officials served with cease-and-desist orders in March, instructing them to close for allegedly operating outside the boundaries of their business licenses.

In their complaint, the dispensaries say the ban “conflicts with the general laws by completely removing the rights of seriously ill individuals who reside in and around the city of Costa Mesa to obtain the medicine which they need.”

Filed April 19 in Superior Court, the lawsuit asks for a declaration from the court that Costa Mesa’s 2005 ban on pot dispensaries flies in the face of the state Constitution.

The dispensaries also want the court to force Costa Mesa to stop enforcing the ordinance.

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