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Old 03-04-2009, 01:53 PM
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Default Just Say No, Palm Springs Tells Illegal Pot Clubs

Palm Springs City Attorney Doug Holland doesn't necessarily want to close down the city's illegal medical marijuana dispensaries; he just wants them to stop selling the drug.

As the City Council prepares for a final vote Wednesday on a new ordinance that will allow two dispensaries in Palm Springs, Holland is getting ready to file civil suits against two of the estimated five or more dispensaries now operating illegally in the city.

The council approved the law's first reading by a 3-1 vote on Feb. 18. It is on the council's consent calendar for a final vote on Wednesday, meaning it could be passed with no discussion.

Meanwhile Holland said he expects to file the first civil suits aimed at stopping marijuana sales at the city's illegal dispensaries in Indio Superior Court later this week. The goal of the court action, which could take several months, is to ensure that all illegal dispensaries will be closed by the time the city issues legal permits.

“I'm going to go through civil processes that will order them to cease dispensing marijuana,” Holland said Monday. “I expect the ordinance will be in effect before the court will issue an order. I'm not going in to shut anyone down tomorrow.”

Holland would not say which of the city's dispensaries will be named in the civil suits.

Lanny Swerdlow, president of the Marijuana Anti-Prohibition Project, a medical marijuana advocacy group, estimated that the city's dispensaries could be providing the drug for more than 4,000 patients.

“I'm hoping that the supply of medicine is not interrupted during this process,” Swerdlow said, referring the winnowing out of dispensaries that will likely occur once the law goes into effect 30 days after the council's vote.

The law will allow two dispensaries organized as not-for-profit collectives or cooperatives, as required under state guidelines.

The shops also will be limited to areas of the city zoned for industrial use or a mix of industrial and commercial use.

If passed, the law will make Palm Springs the only city in Riverside County to allow collectives and cooperatives.

The vote comes days after U.S. Attorney General Eric Holder announced that federal agents will no longer raid dispensaries in states that have legalized medical use of marijuana. The drug remains illegal under federal law.

So far, four dispensaries in Palm Springs have said they will compete for the two permits.

“We're in the process of doing that (applying for a permit) already,” said Ryan Small, a staff member at the Collective Apothecary of Prescription Service, or C.A.P.S., located on Airport Center Drive.

“We've complied with every city ordinance; we've never been shut down,” Small said.

Stacy Hochanadel, the owner of CannaHelp on Industrial Place, and Lilly Lazarin of the West Valley Patients Association on Newhall Street, also said they intend to apply for permits.

Jim Camper has yet to open his business, Organic Solutions on South Williams Road, but said he will also apply.

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