Aug 102012
 August 10, 2012

long beach eartheart dispensary restraining orderSuperior Court Judge Issues Temporary Restraining Order Preventing The City Of Long Beach From Closing A Medical Marijuana Dispensary

On Thursday August 9, 2012 Los Angeles Superior Court Judge Luis A. Lavin issued a Temporary Restraining Order preventing the City of Long Beach from closing the Eartheart medical marijuana dispensary on August 12, 2012, pending an August 30, 2012 hearing on Eartheart’s motion for a preliminary injunction against the new medical marijuana dispensary ban in Long Beach.

In February 2012 the Long Beach City Council passed a new medical marijuana ordinance which banned all medical marijuana dispensaries in Long Beach, except for collectives of three or fewer patients. Eartheart was one of eighteen dispensaries that had qualified for a City of Long Beach medical marijuana dispensary permit under a lottery system that a state appellate court struck down last year as being in violation of federal law. It has spent over $172,000 satisfying the former permitting requirements. On August 1, 2012 the City of Long Beach sent notices requiring those eighteen dispensaries to close by August 12, 2012 or face civil and criminal penalties.

Earthheart has filed for declaratory and injunctive relief arguing that whereas the old Long Beach medical marijuana ordinance (Chap.5.47) had been held to be preempted by Federal law in the Pack case, the new medical marijuana ordinance (Chap. 5.49) was preempted by state law which prohibits a total local ban of all dispensaries in all areas of the city.

The court did not declare the new Long Beach ordinance unconstitutional. Instead, it ordered the City of Long Beach not to enforce the Notice to Cease activity by August 12, 2012, and not to enforce the new medical marijuana law, against Eartheart to the extent that such enforcement is solely on the basis that Eartheart is operating a medical marijuana dispensary within the city. The judge found that there was a likelihood that Eartheart would prevail on the merits of its claims against the city. A hearing scheduled for August 30, 2012 when the judge will decide whether or not to issue a preliminary injunction against the City of Long Beach pending a trial in Eartheart’s case against the City. The judge’s ruling only applies to the Eartheart dispensary.

The ultimate rulings in the Long Beach case may affect litigation to be filed soon against enforcement of the new Los Angeles medical marijuana ordinance. Both ordinances are similar and claim to be “gentle bans,” while lawyers for the dispensaries contend the ordinances are total bans in conflict with California’s medical marijuana program.

At the hearing on August 9, 2012 the City of Long Beach was represented by Deputy City Attorney Kendra Carney. Eartheart was represented by Los Angeles attorney Graham E. Berry. He was one of the attorneys who successfully sought an injunction against the City of Los Angeles medical marijuana ordinance in 2011 and last week he was one of the attorneys who successfully opposed a Riverside County attempt to close all medical marijuana dispensaries.

For more information contact:

Graham E. Berry
Attorney at Law
3384 McLaughlin Avenue
Los Angeles, CA 90066

Telephone: (310) 745-3771
Fax: (310) 745-3771
Mobile: (310) 902-6381
EMail: grahamberry@ca.rr.com

Or contact his co-counsel in these cases:

Stewart E. Richlin, Esq.
Law Offices of Stewart Richlin
430 S. Fuller Avenue, #9J
Los Angeles, CA 90036

Telephone: (323) 938-9644
Email: richlinlaw@gmail.com

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About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • http://www.facebook.com/profile.php?id=1287332340 Samantha Saint Cyr

    Well, if you get enough Judges that will rule on the side of common sense, basic civil right and freedom of religion we might be able to enforce the concept of State’s Rights that seem to be getting swept under the carpet of Federal Fascism!

  • Johnny oneye

    You gotta love this shit , better than a hollywood movie.
    $172,000 paid to the city and city council votes it out.

    Give them back the money!
    oh you already spent it, too bad
    When the lawsuits fly, the taxpayer foots the bill
    “Requiring cannabis to be cultivated on site ”
    We pay these puppets to go against the will of the voters.
    all these laws they come up with are eventually thrown out of court,
    But that dosnt stop them.
    “savethechildren” is gettin old!

  • Leo beechum

    Welcome to the party Eartheart, see you $250000 in legal fees later

  • nygratefulfred

    I live in Long Beach,New York–wish we had Medicinal Marijuana here!

    • Johnny oneye

      You do have it !
      You have to buy it on the street or grow your own wich could hurt you more than help you
      take a handful of seeds you get in that cartel weed and plant them everywhere
      in public , bushes highways . Some will grow undetected!
      If every smoker in NY did this .. WOW
      Do they still charge $10.00 to enter a publlc beach? WTF
      I surfed Longbeach with the rockaway surf posse , cops , fireman
      So i know there are places it will grow wild!
      Sometimes I Feel its better in the black market , after seeing the hollywood movie being played out with Citycouncil and DA Coolio and greedy people on both sides
      Some in the MJ industry want to throw recreational users “under the bus”
      They hi-jacked the buds! and try to corner markets by snitching on others.
      ridiculousness

      someday on a bigger level , cannabis will be mainstream , after all as far as our bodys chemistry , Cannabis is the “Missing Link”

  • http://twitter.com/Otisroundtree Loota P

    The City of Long Beach are thieves! I have proof they stole my camera when they raided my house for a legal grow!. The case was thrown out and all my medicine returned. But the crooked pigs took the only thing that really mattered. Some pictures that can never be replaced but where dear to my family and I. Now they steal these peoples money. A good business that created jobs!!! Long Beach sucks!!!!!