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CONCORD -- The city filed an injunction Thursday seeking to close a Clayton Road medical marijuana dispensary and fine it $1,000 per day for each day it has been open in violation of the city code.
The complaint, filed in Contra Costa County Superior Court, says the dispensary is operating illegally because it misrepresented itself on its business license application and because medical marijuana dispensaries are banned under Concord's municipal code.
Herbal Essence, in the 5000 block of Clayton Road, opened in July in a one-story house near Lucky. The sign outside the building advertises a window replacement company. It is the only brick-and-mortar dispensary in Central County, but there are medical marijuana delivery services that operate in the area.
An employee who answered the phone at the dispensary Thursday afternoon declined to comment on the injunction.
The shop listed itself as a "holistic healing services" firm on its application for a business license, according to the cease-and-desist letter the city sent the dispensary.
Citywide bans such as Concord's have been challenged in court; a case challenging Anaheim's ban is still pending. Concord's ban survived a different court challenge in 2005.
In Walnut Creek, the C3 Collective dispensary closed in March after a Contra Costa County judge sided with the city and ordered the collective to shut.
Walnut Creek does not specifically ban dispensaries, but a judge sided with the city that collective was not permitted in that location because of other zoning rules.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:contracostatimes.com
Author: Paul Thissen
Contact: Contact Us - ContraCostaTimes.com
Copyright:2010 Bay Area News Group
Website:Concord files injunction against Herbal Essence medical marijuana dispensary - ContraCostaTimes.com
The complaint, filed in Contra Costa County Superior Court, says the dispensary is operating illegally because it misrepresented itself on its business license application and because medical marijuana dispensaries are banned under Concord's municipal code.
Herbal Essence, in the 5000 block of Clayton Road, opened in July in a one-story house near Lucky. The sign outside the building advertises a window replacement company. It is the only brick-and-mortar dispensary in Central County, but there are medical marijuana delivery services that operate in the area.
An employee who answered the phone at the dispensary Thursday afternoon declined to comment on the injunction.
The shop listed itself as a "holistic healing services" firm on its application for a business license, according to the cease-and-desist letter the city sent the dispensary.
Citywide bans such as Concord's have been challenged in court; a case challenging Anaheim's ban is still pending. Concord's ban survived a different court challenge in 2005.
In Walnut Creek, the C3 Collective dispensary closed in March after a Contra Costa County judge sided with the city and ordered the collective to shut.
Walnut Creek does not specifically ban dispensaries, but a judge sided with the city that collective was not permitted in that location because of other zoning rules.
NewsHawk: MedicalNeed:420 MAGAZINE
Source:contracostatimes.com
Author: Paul Thissen
Contact: Contact Us - ContraCostaTimes.com
Copyright:2010 Bay Area News Group
Website:Concord files injunction against Herbal Essence medical marijuana dispensary - ContraCostaTimes.com
