City Will Seek Permanent Closure of Marijuana Dispensary

The city of Murrieta's legal staff will seek a permanent injunction against a medical marijuana dispensary that recently reopened.

The decision was made during closed session prior to the start of Tuesday's City Council meeting, according to Murrieta City Attorney Leslie Devaney, and comes after the dispensary reopened Saturday.

Cooperative Medical Group, or CMG Outreach, received a stay on a temporary injunction to reopen after being closed since August. The stay was issued Thursday by the 4th District Court of Appeals, Division 2, in Riverside.

"There was one judge who issued a stay with no reasoning," Devaney said.

"We certainly want to move forward with the goal of cease and desist," Devaney added.

Beth Burns, co-owner of CMG, located at 26690 Madison Ave., Suite 103, said the stay came earlier than they expected it to. Burns and partner Charles Thompson are not new to the medical marijuana business. As Azusa residents, they've operated a delivery business in the San Gabriel Valley for some time.

"We have been in business a long time. We are not new to this," Burns said during an interview Tuesday at the dispensary.

"This is a serious thing. We've decided to stay because we've put a lot of time and effort into this. There was a 50/50 chance we would get the stay. If we close down, seven people would be out of work."

CMG is licensed to dispense medical marijuana by the state Board of Equalization. However, the city of Murrieta placed a ban on dispensaries in 2005. Assembly Bill 1300, signed Aug. 31 by Gov. Jerry Brown, reiterates cities' rights to regulate the operation, location and establishment of dispensaries in their jurisdiction.

J. David Nick, attorney for CMG, said AB 1300 says nothing about cities being given the authority to ban dispensaries outright.

Since reopening Saturday, Burns said officers with the Murrieta Police Department code enforcement have been issuing them daily tickets of $2,500 for remaining in operation.

"Their fines are meaningless; they are just scare tactics," Nick said by phone Wednesday. "This issue is likely headed to Supreme Court, where the vote is going to be close."

As for the city's intent to seek a permanent injunction against the dispensary, Nick said the city would need new evidence since the injunction was stayed until the appeal is over. The first injunction was granted when a judge ruled it a public nuisance, partly due to the fact that is located near an indoor children's play area, Sky High Party Zone.

"The court of appeal made it very clear. They are just trying to find a way around the ruling," Nick said. "All they are doing is wasting taxpayer money."

Murrieta police Lt. Tony Conrad said the department is conducting "high-visibility enforcement" of the dispensary since it reopened.

"CMG did in fact receive a stay which allows the business to re-open (per the court)," Conrad wrote, in an email to Patch. "At issue is the fact that CMG is open and conducting business in violation of several city of Murrieta municipal codes. These are the violations we are focused on at this time."

The lieutenant said the code violations deal with the dispensary's business license.

"CMG applied for a business license as a property management group--this is a fraudulent application for a license," Conrad said. "CMG is in violation of the Murrieta municipal codes each day they are open for operation.

"As far as CMG’s business practice itself, the Police Department is concerned with the fact that this type of business traditionally brings with it several types of crimes," Conrad continued.

He said marijuana rip-offs or robberies are common, as well as burglaries.

CMG was burglarized when it first opened in July.

"In addition to the thefts, customers of marijuana dispensaries at times use the product at a nearby location and drive under the influence after their use," Conrad wrote.

"...we have also known marijuana dispensary customers to purchase from the dispensary and redistribute the product (sales). This is by no means an all encompassing list, but it brings home the point that this business is considered by the police department to be a nuisance and a safety concern for the city of Murrieta."

Burns fears the stepped-up enforcement is keeping customers away.

Tuesday, 18-year-old Joel Tucker, who was prescribed medical marijuana after being diagnosed with degenerative arthritis in his wrist, said he was pulled over by commercial enforcement officers shortly after leaving the dispensary.

The officers conducted a search of the vehicle, according to Tucker, but he was not cited and was allowed to proceed on his way in possession of the medical marijuana he'd recently purchased.

Regarding the vehicle stop experienced by Tucker, Burns said, "They are here to protect and serve so how are these patients breaking the law?"

Burns said they have increased security at the dispensary since the initial break-in in July, and have not been burglarized since. As for the business license, Burns said they will wait until the litigation is over. Attempts to obtain a business license for the dispensary, in addition to the property management license, were denied by the city previously, according to Burns.

"Litigation is lengthy and that could be expensive," Burns said. "In the mean time, it is costing both parties. All I can do is just sit here and just make sure the patients don't get harassed."