City’s pot ban is upheld

A federal judge on Wednesday threw out a request to temporarily lift Costa Mesa’s ban on medical marijuana dispensaries.

The request for a restraining order, filed on behalf of four disabled Orange County residents who use marijuana to treat their ailments, was denied after Costa Mesa filed an objection with the U.S. District Court in Santa Ana.

“It’s certainly good news for the city because there are concerns and issues with how some of the dispensaries are operating,” said Costa Mesa Mayor Allan Mansoor. “Not everyone is operating within state law, and that seems to be lost in some of the arguments that some of the supporters of medical marijuana are making.”

Before requesting a temporary restraining order, Marla James, Wayne Washington, James Armantrout and Charles Daniel DeJong, who are disabled and have authorization to use marijuana for medical reasons, filed a federal lawsuit against Costa Mesa and Lake Forest under the Americans with Disabilities Act.

The suit alleges that both cities are violating the act by taking away the plaintiffs’ access to their medications, which in turn prohibits them from enjoying public services.

Since February, Costa Mesa has been going after pot dispensaries that are operating in violation of its law.

State law allows those with serious illnesses and doctors’ authorization to cultivate and use the drug, but the city’s 2005 ordinance bans marijuana dispensaries from operating there — with no exceptions.

Costa Mesa is aware of about seven to nine marijuana dispensaries operating in the city as “health and wellness businesses.”

Police have made arrests for sales and possessions for those believed to be violating the state law.

Cease-and-desist orders were served to other dispensaries in the city.

A preliminary hearing is scheduled for April 26.

“We’ll see how the actual hearing goes and take it from there,” Mansoor said.