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.