[420 Girl]

A medical marijuana dispensary the city of Palm Springs recently filed a complaint against has submitted its own legal documents to try and throw out the city's claims.

The city of Palm Springs filed its complaint in April against The Holistic Collective at 2235 N. Palm Canyon Drive, saying it was in violation of the city's 2006 moratorium on medical marijuana dispensaries and collectives, City Attorney Doug Holland said.

Last week, The Hollistic Collective responded with a demurrer which suggests the city's complaint did not state a cause of action. The collective has been operating in the city since 2008 and has about 50 clients.

The collective's attorney, J. David Nick, said that under state law his clients have the right to operate their business whenever and wherever they want. The city of Palm Springs does not have the power to sidestep state law, Nick said.

“They have singled out medical marijuana dispensaries,” Nick said. “They are treating them differently and unequally and subjecting them to regulations and fines.”

The city's law, which went into effect in April, limits the number of collectives in Palm Springs to two. They must adhere to certain hours and days and are limited to industrial and manufacturing zones only.

Since April, only two collectives — CannaHelp and Organic Solutions of the Desert — have filed applications to operate in the city, Director of Planning Services Craig Ewing said.

The deadline to submit applications is July 6. Applications will be reviewed by the city manager and the City Council. The police department also conducts a background check.

The city estimates there are five or six collectives and dispensaries in the city that have been operating illegally since 2006 and have filed complaints against three (including Holistic Collective), Holland said.

The others are CannaHelp and Community Caregives, Deputy City Attorney Ben Ammerman said.

Holland said he doesn't agree that state law suggests medical marijuana dispensaries can operate anywhere in the city.

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