Wes Woods II and Sandra Emerson, Staff Writers
Created: 11/09/2011 06:58:49 PM PST

RIVERSIDE – The banning of the G3 Holistic marijuana collective by Upland and other cities was upheld by an appellate court Wednesday. A judgment from the Fourth District Court of Appeals determined that Upland’s banning of the collective did not contradict Proposition 215, the 1996 law that approved medical marijuana in the state, nor Senate Bill 420, which details the amount of marijuana a person can possess for medical purposes.

“We conclude Upland’s ordinance banning (medical marijuana dispensaries) is not preempted by state law,” read the decision. “We therefore affirm the preliminary injunction, judgement and all related monetary awards.”

In a separate ruling, the court also ruled in favor of the city of Riverside banning the Inland Empire Patient’s Health And Wellness Center, Inc.

The Riverside decision is published, meaning it has the backing of court and sets a statewide precedent while the Upland case is unpublished and did not.

The decision further stated:

“We reject the proposition that local governments, such as Upland, are preempted from enacting local regulations banning MMD’s. Upland’s zoning and business license ordinances (referred to collectively as Upland’s zoning ordinance) do not duplicate, contradict, or expressly occupy the field of state law.”

G3 attorney Roger Jon Diamond said he will try to appeal the Upland case to the state Supreme Court.

“It’s just a partial journey on the way to the state Supreme Court,” Diamond said Wednesday. “I’ve argued many cases there before. I’m not deterred or discouraged by the defeat.”

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