California, Cathedral City

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February 5, 2008

Medical marijuana dispensary opens in Cathedral City

<span class=postbigbold>Essential Herbs has license from city, staff says</span>

The Desert Sun
K Kaufmann

A new medical marijuana dispensary called Essential Herbs and Oils has been open about a month in Cathedral City.

The business is located at 68-487 S. Palm Canyon Drive in a commercial complex that includes a dentist office and insurance firm.

A woman answering the phone at the dispensary Monday would not give her name but said the dispensary does have a business license from the city and has been open for about a month.

Cathedral City officials were not immediately available for comment.

The city does not have any law either permitting or banning dispensaries.

Cathedral City and Rancho Mirage remain the only two cities in the Coachella Valley that have not passed a moratorium or ban on dispensaries in the past two years.

The new business joins the two dispensaries in Palm Springs — Compassionate Caregivers and the Collective Apothecary of Palm Springs, both on N. Palm Canyon Drive.

Both are operating in violation of the city’s moratorium on dispensaries, originally passed in March 2006.

City officials have been working on a law that would allow patients’ collectives in the city, but not dispensaries, said City Attorney Doug Holland.

A draft of the law could be ready for review this month, Holland said.

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New pot dispensary in valley

<span class=postbigbold>Mayor: Shop has license - but not for marijuana</span>

K Kaufmann
The Desert Sun
February 6, 2008

<table class=posttable align=right width=300><tr><td class=postcell><img class=postimg width=300 src=bin/essential-herbs.jpg></td></tr></table>A new medical marijuana dispensary called Essential Herbs and Oils has been open about a month in Cathedral City.

The business is located at 68-487 E. Palm Canyon Drive in a commercial complex that includes a dental office and insurance firm.

A woman answering a phone at Essential Herbs and Oils on Monday would not give her name but confirmed it is a dispensary and that the facility has a business license from the city.

Cathedral City Mayor Kathy DeRosa confirmed that Essential Herbs and Oils does have a business license. But, she said, "It is not for medical marijuana."

The license, issued Nov. 5, lists the owners as Virginia Hurn and Teresa Sotelo. It also describes the business as a spice and extract manufacturer and spice and herb retailer.

Anthony Curiale, attorney for Essential Herbs, countered that the descriptions on the license are irrelevant.

"There is no legal definition of a dispensary," Curiale said. "A business license is not for the purpose of regulation. It's for the purpose of generating revenue for the city."

Cathedral City has no law either allowing or banning medical marijuana dispensaries. Cathedral City and Rancho Mirage are the only two valley cities with neither a ban nor moratorium in force.

Indian Wells, La Quinta and Palm Desert have bans. Coachella, Desert Hot Springs, Indio and Palm Springs have moratoriums.

DeRosa would not comment on whether the Cathedral City dispensary might spur the city to take action on the issue.

The store joins two other existing dispensaries in the valley, both in Palm Springs - Compassionate Caregivers and the Collective Apothecary of Palm Springs.

Both are operating in violation of the city's moratorium on dispensaries, originally passed in March 2006.

Palm Springs officials have been working on a law that would allow small patients' cooperatives in the city, but not dispensaries, said City Attorney Doug Holland.

"It will deal with six or more patients or their caregivers," Holland said. "If you have too many in a group, (there are) too many plants in one location."

A draft of the law could be ready for review this month, he said.

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February 7, 2008

City moves against new pot dispensary

K Kaufmann
The Desert Sun

Cathedral City officials are moving quickly to stop the sale of medical marijuana at a dispensary that recently opened a block away from City Hall.

Essential Herbs and Oils, located at 68-487 E. Palm Canyon Drive, received a cease-and-desist letter from the city Wednesday afternoon, ordering the business to stop selling medical marijuana, said Deputy City Manager Julie Baumer.

"It is not allowed under federal law, and they are not licensed to do that," Baumer said.

But staff at Essential Herbs countered the business is organized as an association - which some advocates have argued is legal under state law - not a dispensary, and will remain open.

""This is safe access for medical cannabis. I don't know what a dispensary is," said a woman at the store who identified herself only as "Becky."

Should the store remain open, Baumer said, "they will be issued another citation and then they will go through the administrative process to revoke their license."

Federal law bans any possession, cultivation or sale of marijuana. California law allows patients with a doctor's letter of recommendation to grow and use limited amounts of medical marijuana, but does not explicitly allow or ban dispensaries.

The law does prohibit selling medical marijuana for profit.

Essential Herbs has been open for about a month. The store was issued a city business license on Nov. 5, describing it as a spice and extract manufacturer and spice and herb retailer.

The license lists Virginia Hurn and Teresa Sotelo as the owners.

The legality of dispensaries has been a flash point for cities across the Coachella Valley in the past few years, with most passing moratoriums or bans against them.

Cathedral City and Rancho Mirage are the only two valley cities with neither a ban nor a moratorium in effect.

Indian Wells, La Quinta and Palm Desert have bans. Coachella, Desert Hot Springs, Indio and Palm Springs have moratoriums.

Despite the Palm Springs moratorium, two dispensaries are operating illegally in the city - Compassionate Caregivers and the Collective Apothecary, both on North Palm Canyon Drive.

City officials are drafting an ordinance that would allow small cooperative, but not dispensaries.

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February 7, 2008

Cathedral City dispensary gets second stop order

<span class=postbigbold>Essential Herbs could lose business license, city officials say</span>

K Kaufmann

A recently opened medical marijuana dispensary in Cathedral City got a second cease-and-desist citation from the city today.

City officials said if Essential Herbs and Oils, located at 68-487 E. Palm Canyon Drive, doesn’t stop selling medical marijuana, it could lose its business license.

“(Essential Herbs) was cited for second time today, and if the dispensing marijuana continues at the business, the city has various remedies avail to it,” said Deputy City Manager Julie Baumer.

“The city would provide a notice of revocation of business license,” Baumer said. “If it still continues, then we would go for a court injunction.”

Staff at Essential Herbs declined comment today.

But a woman answering the phone at the store on Wednesday who identified herself only as “Becky” said the business is not a dispensary, but an association providing safe access to medical marijuana for qualified patients legally under California’s medical marijuana law.

The store has a business license from the city, issued Nov. 5, which describes it as a spice and extract manufacturer and spice and herb retailer.

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February 12, 2008

City to seek federal injunction against marijuana dispensary

<table class=posttable align=right widht=300><tr><td class=postcell><img class=postimg width=300 src=bin/essential-herbs_front.jpg></td></tr></table>K Kaufmann
The Desert Sun

A medical marijuana dispensary in Cathedral City has received notice of the city's intent to revoke its business license.

Essential Herbs and Oils, the recently opened medical marijuana dispensary on East Palm Canyon Drive, was served the notice on Friday, said Deputy City Manager Julie Baumer. Federal court action could be next, Baumer added.

"The city attorney is going to be seeking a federal injunction this week," she said. "That would be an injunction to stop the business from selling medical marijuana, and that would be in federal court in Riverside."

The U.S. District Court for the Ninth Circuit has offices in Riverside.

But Anthony Curiale, attorney for Essential Herbs, said the dispensary's owners will resist any efforts to close the store.

"We have an obligation to the patients to fight for them," Curiale said. "We don't want to put these people back in dark alley. That seems to be where the city wants them to go."

The dispensary, owned by Virginia Hurn and Teresa Sotelo, opened about a month ago with a business license from the city to manufacture and sell herbs, spices and extracts. The dispensary remained open Monday despite the notice from the city.

The notice to revoke the license cites federal law banning any use or sale of marijuana. A date for a hearing on the revocation, required under city law, has yet to be set, Baumer said.

Curiale has argued that marijuana is an herb and that the store is not technically selling it. It is an association of patients that is legal under California's medical marijuana laws, he said.

Cathedral City, along with Rancho Mirage, are the only cities in the Coachella Valley without either a moratorium or ban against dispensaries.

K Kaufmann can be reached at k.kaufmann@thedesertsun.com or 778-4622.

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Cathedral City Files Complaint Against Dispensary

Posted: Feb 12, 2008 06:06 PM PST
KESQ.com news services

Attorneys for Cathedral City filed a complaint Tuesday in federal court in Riverside, seeking preliminary and permanent injunctions to prohibit medical marijuana sales at a recently opened dispensary on East Palm Canyon Drive.

An emergency hearing could be held as early as Wednesday, said Deputy City Attorney Steve Quintanilla, who added that the operators of Essential Herbs and Oils were served Friday with a notice of the city's intent to revoke their business license.

The dispensary, owned by Virginia Hurn and Teresa Sotelo, opened about a month ago with a business license from the city to make and sell herbs, spices and extracts.

The dispensary's Brea-based attorney, Anthony Curiale, said he will argue that medical marijuana is legal under California law and "not a criminal act.''

"Federal law makes possession illegal, but California's law under police powers has declared possession of marijuana for medical purposes as non-criminal,'' he said.

Quintanilla contends the dispensary operators are breaking the law.

"We're dealing with a business that is selling something deemed illegal by the federal government, and that's a violation of their business license,'' he said.

Quintanilla said the city also served the dispensary's owners with a summary abatement order alleging illegal activity under federal law.

Cathedral City and Rancho Mirage are the only Coachella Valley cities without a moratorium or ban against medical marijuana.

Quintanilla, who is also the city attorney for Rancho Mirage, said neither action is needed by the respective cities.

"Even though California voters approved Proposition 215, it's my professional opinion that the federal statutes are the highest form of law in the American legal system and take precedence over any conflicting state or local laws,'' he said.

At its meeting Wednesday night, the Indio Planning Commission plans to consider recommending a zoning ordinance to the City Council relating to the location, operation and concentration of medical marijuana dispensaries.

Indio officials recently extended a moratorium against medical marijuana dispensaries.

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February 13, 2008

City Hall makes federal case against new pot dispensary

K Kaufmann
The Desert Sun

Cathedral City has filed a request for a federal injunction against Essential Herbs and Oils, a medical marijuana dispensary on E. Palm Canyon Drive.

The five-page legal request, filed Tuesday in the U.S. District Court in Riverside, asks the court to rule on whether the city has to comply with the California's medical marijuana law, which it says violates federal law.

"(The city) is not required to comply with state law enacted by voters in direct conflict with federal statute interpreted by the United States Supreme Court as establishing that local and state governments cannot allow marijuana possession even if used for medicinal purposes," City Attorney Charles R. Green argued in the request.

Essential Herbs intends to remain open "for a long time," said a woman answering the phone at the shop, who declined to give her name.

Federal law bans all sale and use of marijuana. California state law allows medical use for patients with a doctor's letter of recommendation.

A U.S. Supreme Court ruled in the 2005 case of Gonzales vs. Raich that federal law does trump state law.

Following the ruling, former state Attorney General Bill Lockyer issued a letter saying it did not affect California's medical use laws. Current Attorney General Jerry Brown last year declined to issue an opinion on the legality of dispensaries.

K Kaufmann can be reached at k.kaufmann@thedesertsun.com or 778-4622.

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Cathedral City Shop Prohibited from Selling Med. Marijuana


Posted: Feb 20, 2008 04:55 PM PST
KESQ.com news services

A temporary restraining order was filed Thursday against a Cathedral City medical marijuana dispensary, prohibiting it from possessing, selling or distributing marijuana.

U.S. District Judge Stephen G. Larson issued the order Wednesday against Essential Herbs and Oils and its owners, Virginia Hurn and Teresa Sotelo, according to Cathedral City Deputy City Attorney Steve Quintanilla.

In his order, Larson wrote that "defendants seek refuge in California law which legalizes the use of marijuana. However, federal law prohibits distribution of all marijuana, and does not provide an exception for marijuana used for medical purposes."

"The United States Supreme Court has held that, in light of the Supremacy Clause, federal law controls on this point. Therefore, California law legalizing the medicinal use of marijuana provides no safe harbor for defendants ..."

A hearing on the city's request for a permanent injunction is scheduled for March 3.

The dispensary's Brea-based attorney, Anthony Curiale said medical marijuana is legal under California law and "not a criminal act."

"It's going to be my task to get the judge to change his mind," Curiale said. "This is an issue of state's rights, and the city seems not to care that the people of California voted to allow seriously ill individuals to obtain the medicine recommended to them by their physicians."

The TRO against the dispensary was filed with Cathedral City police Thursday, and Quintanilla said he was in the process of filing the necessary paperwork with federal authorities, as well.

If the order is violated, the city will ask the judge to issue a civil contempt citation, he said.

Curiale said his clients plan to abide by the order.

Quintanilla said he felt confident that, based on Larson's order, a permanent injunction would be granted. He added that the city would also proceed with plans to revoke the dispensary's business license.

Essential Herbs and Oils opened about a month ago on East Palm Canyon Drive with a business license to make and sell herbs, spices and extracts, he said.

Cathedral City and Rancho Mirage are the only Coachella Valley cities without a moratorium or ban against medical marijuana.

Quintanilla, who is also the city attorney for Rancho Mirage, has said neither action is needed by the respective cities because even though California voters approved Proposition 215, federal statutes take precedence over any conflicting state or local laws.

Stay tuned to News Channel 3 and KESQ.com for any new information on this story.

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Eviction, City Action Still Looms for Dispensary


<table class=posttable align=right width=180><tr><td class=postcell><img class=postimg src=bin/essential-herbs_cathedral-city.jpg></td></tr><tr><td class=postcell><span class=postbold>A federal judge ruled that there were no grounds to shut down Essential Herbs and Oils last week.</span></td></tr></table>KESQ
Posted: March 6, 2008 04:06 PM PST


By Nathan Baca
News Channel 3

A medical marijuana dispensary is back in businesses re-opening Thursday morning.

Despite a defeat in federal court trying to shut the dispensary down, Cathedral City is still pressing its efforts to shut it down.

Adam and Virginia Hurn re-opened Essential Herbs and Oils after more than a week of being closed.

Patients are already signing forms to get the marijuana they say makes such a difference in their lives.

"I'm bipolar. I'm manic depressive," said one patient. "The medical marijuana does help me out relaxing me during times I get stressed out. It slows my mind down and it relaxes me too."

Another patient who has Fibromyalgia and arthritis says the medical marijuana helps her sleep.

"I can actually sleep and the pain is gone," that patient said.

<table class=posttable align=right width=180><tr><td class=postcell><img class=postimg src=bin/essential-herbs_eviction-notice.jpg></td></tr><tr><td class=postcell><span class=postbold>An eviction notice was posted on the business Monday. The complex owner cites federal law as grounds for the eviction.</span></td></tr></table>
The power had yet to be restored in time for the re-opening, but there was still a sense of victory in light of Monday's federal court decision where the city's attempt at an injunction failed.

"We're very happy," owner Adam Hurn declared. "It's been a struggle and a little unnerving. We're just trying to provide safe access for medical cannabis patients in the valley."

Hurn says more than 2,000 patients in the valley use medical marijuana.

Cathedral City's deputy city manager, though, says the dispensary's days are still numbered.

City manager Julie Baumer says the city is still moving forward to revoke the business' license.

"There will be a hearing set up once an attorney is chosen from the Desert Bar Association," Baumer said. "And on a corollary course, the city attorney will set up a meeting with the U.S. Attorney to talk about the possibility of their involvement in the case."

Even with the city's action, Essential Herbs and Oils still faces eviction by the complex's owner. A notice was posted on Monday.

Federal law states the landlord may lose this complex if they allow drugs to be sold on their property.

The dispensary's owners called it illegal and say they are negotiating a settlement to allow their business to stay.

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April 8, 2009

Cathedral City Council to vote on marijuana moratorium

By Rasha Aly
The Desert Sun


Cathedral City City Council members will vote during tonight’s meeting on adopting a moratorium to ban the opening of medical marijuana dispensaries and the distribution of medical marijuana at existing businesses, according to the city staff report.

The moratorium would expire May 23.

The moratorium would give city officials enough time to "study the issue and enact regulations," city staff report said.

Other cities such as Coachella, Indian Wells, La Quinta and Desert Hot Springs have adopted ordinances either prohibiting or heavily regulating medical marijuana dispensaries.

Already, City Council has received several e-mails about the issue -- there have been six e-mails and phone calls against the ban and three e-mails in favor of the ban, wrote Bess McGladrey, Cathedral City’s deputy city clerk.

Some of the letters include:

What kind of people are living in Cathedral City? I was told that a majority of the City Council there hate sick, hurt, elderly and dying people so much that they are trying to deny them a place to get medically prescribed medicine. I am referring to doctor prescribed medical marijuana. I can think of nothing grosser, more disreputable or more un-American then abusing sick people by denying them access to needed medicine. I was told the City Council denies medical access because their police department didn't like it. What kind of cops have you been hiring in your city that like to abuse the sick and the elderly? If these cops will abuse the most vulnerable of our society what are they doing to everybody else in your city? What do you think will happen if someone shines a light on Cathedral City and shows the world the City Councils cruelty and inhumanity to their own people? When did the City Council decide that it knew more about a patents care and needs then a patents doctor? Why would the City Council believe the cops know more about prescribing medicine then doctors? Why does the City Council not want tax revenue from the sale of a legally prescribed medicine? How do you explain to the teachers in your schools when you lay them off about not wanting tax revenue?

Palm Springs has allowed access as granted by state law to patents in need of medical marijuana for over two years now. At this time they have had absolutely no problems with their collectives serving the sick. Truthfully, the need for medical marijuana all comes down to freedom and the right to medical care. The City Council of Cathedral City doesn't believe in rights or freedom. I can think of no worse thing to say about someone in public service. Cathedral City denying medicine gives everyone in government a bad name and, mark my words, there are a lot of people in government that aren't going to forget that.

Thank you,
Atson Reeder

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The Desert Sun | April 10, 2009

Council kills dispensary ordinance

Rasha Aly
rasha.aly@thedesertsun.com

An “urgency” interim ordinance to establish a moratorium on medical marijuana dispensaries failed 3-2 Wednesday during Cathedral City's City Council meeting.

Councilman Greg Pettis then brought forth a motion for city staff to write an ordinance within 60 days to regulate medical marijuana dispensaries. It also failed 3-2.

Council members now are waiting for a report from City Attorney Charles Green to see if they can vote on another moratorium on medical marijuana dispensaries without the “urgency” label, which requires a super majority vote of 4-1 to pass. Without it, a majority of 3-2 would be enough to proceed.

Pettis described the two no votes as a waste of time.

If the urgency interim ordinance had succeeded, it would have led to a moratorium on the establishment of medical marijuana dispensaries and the distribution of medical marijuana at existing businesses in Cathedral City. The moratorium would have expired May 23.

Pettis and Councilman Paul Marchand, who voted against the urgency ordinance, said they saw no reason to be in a hurry.

“We've been discussing this for so long, there's been ample time to get this done,” said Marchand. He said he has no problem coming up with regulations on marijuana.

However, Marchand, who also voted for Pettis' motion, worried that putting a moratorium on medical marijuana dispensaries would prolong the issue too long because council members could extend the moratorium if staff did not come up with a resolution by the moratorium's expiration date.

Mayor Pro Tem Charles “Bud” England said he wanted to give city staff as much time as it needs to create an ordinance.

“To force staff to shoestring an ordinance is unacceptable,” England said.

Unlike other valley cities, Cathedral City has no ordinance on the books to regulate medical marijuana.

Coachella and Desert Hot Springs have moratoriums, while Indian Wells, Indio, La Quinta and Palm Desert passed dispensary bans, according to previous Desert Sun reports. Riverside County also has a ban in unincorporated areas.

In March, the Palm Springs City Council passed an ordinance which allows for only two medicinal marijuana dispensaries to operate in the city. Those dispensaries must be in an industrial or industrial-commercial zone.

According to a Cathedral City staff report, city officials are concerned the heavy regulations adopted by neighboring cities in regulating medical marijuana dispensaries would prompt some dispensaries to relocate to Cathedral City. To give staff time to study the issue and enact regulations, the staff wanted the City Council to adopt an ordinance.

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