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Rancho Mirage wins another round in fight against marijuana dispensary

By Jeff Stahl, KESQ News Channel 3 Morning News Anchor, jstahl@kesq.com
Published On: Feb 07 2013 02:36:01 PM CST
Medical Marijuana, pot, canibas, weed, dispensary

RANCHO MIRAGE, Calif. -

The city of Rancho Mirage has won it's latest court battle against a marijuana dispensary that hoped to set up shop in the desert city.

City Attorney Steve Quintenilla says a judge reaffirmed a ruling against Desert Heart Collective Thursday and its claim for 700-thousand dollars in attorney fees.
     
The court said the pot shop failed to provide new or different facts nor provide a decent explanation for failing to present such information at a hearing last year.

"This is yet another win on the pot battle field for the City of Rancho Mirage, but this war isn't over yet," said Quintenilla.

Quintenilla said the issue should be settled unless the collective appeals today's ruling.  "I am just grateful that the tide has turned our way for now on the legal front, and I am cautiously optimistic that the Supreme Court will rule in a manner that will uphold the City's ban."

The city is appealing a ruling which found Rancho Mirage's dispensary ban was preempted by state law.

That issue is in front of the state's supreme court.

"In the end, I suspect this will all end up before the US Supreme Court, like other issues that involve the complex intersection of state and federal laws, such as same sex marriage, abortion, immigration and gun control," said Quintenilla.