California - A judge has issued an arrest warrant for the operator of a Fresno marijuana dispensary who did not show up in court Wednesday for his arraignment on charges of violating a court order.
Rick Morse, owner of Medmar in the Tower District, has continued to operate his dispensary despite a judge's order not to, city officials say.
Once arrested, Morse will be held in jail without bail, pending further court proceedings, Judge Donald Franson Jr. said in Fresno County Superior Court.
Contacted by telephone, Morse said Franson doesn't have the authority to prohibit him from selling medical marijuana to patients. He also said he plans to address the Fresno City Council today about its ban on marijuana dispensaries.
Though California voters passed a law that approved the use of medical marijuana in 1996, dispensing the herb has been a thorny issue in Fresno and elsewhere in the state.
In August, Fresno city officials sued to close nine dispensaries in the city on the grounds that they violated a zoning ordinance that requires them to comply with both a state law that allows them and a federal law that does not.
In October, Judge Alan Simpson sided with the city, ordering all nine dispensaries in Fresno to remain closed temporarily until a trial could be held to determine whether the city's zoning law is legal.
The trial was supposed to happen in Franson's courtroom in January, but the issue became moot when some of the dispensaries settled with the city by promising to remain closed, said Michael Flores, a deputy city attorney.
The other dispensaries, including Medmar, defaulted their right to fight the zoning ordinance because they failed to file the necessary court documents, Flores said.
In court papers, Morse said the city's ban on dispensaries is unconstitutional and against God's will. He also blamed former President Richard Nixon for criminalizing pot in the first place.
Outside court Wednesday, Flores said he has evidence to prove Morse continues to operate its dispensary. Morse addressed the allegation, saying in an e-mail: "Mr. Franson's court order is as void as Mr. Simpson's court order."
Violating a court order is a misdemeanor and carries a penalty of up to a year in jail and a fine of up to $1,000 per violation. Each day Medmar operated its dispensary is a separate violation, Flores said.
Morse said he's been too busy with the city's homeless problems to worry about the potential penalty for violating a court order.
He said city officials initially approved his dispensary on Olive Avenue near Palm Avenue. He then blamed his lawyer for not filing the necessary court documents to fight the city over its zoning law. He also said Franson doesn't have immunity from a lawsuit.
"Jurisdiction cannot be conveyed where it does not originally lie," he said. "Not even by court order. Mr. Franson is exceeding the scope and authority of the duties of his office and is acting as a natural person and not a jurist."
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: The Fresno Bee
Author: Pablo Lopez
Contact: Covering Fresno and the San Joaquin Valley in Central California - Fresno Bee
Copyright: The Fresno Bee
Website:Fresno marijuana shop owner skips hearing - Local - fresnobee.com
Rick Morse, owner of Medmar in the Tower District, has continued to operate his dispensary despite a judge's order not to, city officials say.
Once arrested, Morse will be held in jail without bail, pending further court proceedings, Judge Donald Franson Jr. said in Fresno County Superior Court.
Contacted by telephone, Morse said Franson doesn't have the authority to prohibit him from selling medical marijuana to patients. He also said he plans to address the Fresno City Council today about its ban on marijuana dispensaries.
Though California voters passed a law that approved the use of medical marijuana in 1996, dispensing the herb has been a thorny issue in Fresno and elsewhere in the state.
In August, Fresno city officials sued to close nine dispensaries in the city on the grounds that they violated a zoning ordinance that requires them to comply with both a state law that allows them and a federal law that does not.
In October, Judge Alan Simpson sided with the city, ordering all nine dispensaries in Fresno to remain closed temporarily until a trial could be held to determine whether the city's zoning law is legal.
The trial was supposed to happen in Franson's courtroom in January, but the issue became moot when some of the dispensaries settled with the city by promising to remain closed, said Michael Flores, a deputy city attorney.
The other dispensaries, including Medmar, defaulted their right to fight the zoning ordinance because they failed to file the necessary court documents, Flores said.
In court papers, Morse said the city's ban on dispensaries is unconstitutional and against God's will. He also blamed former President Richard Nixon for criminalizing pot in the first place.
Outside court Wednesday, Flores said he has evidence to prove Morse continues to operate its dispensary. Morse addressed the allegation, saying in an e-mail: "Mr. Franson's court order is as void as Mr. Simpson's court order."
Violating a court order is a misdemeanor and carries a penalty of up to a year in jail and a fine of up to $1,000 per violation. Each day Medmar operated its dispensary is a separate violation, Flores said.
Morse said he's been too busy with the city's homeless problems to worry about the potential penalty for violating a court order.
He said city officials initially approved his dispensary on Olive Avenue near Palm Avenue. He then blamed his lawyer for not filing the necessary court documents to fight the city over its zoning law. He also said Franson doesn't have immunity from a lawsuit.
"Jurisdiction cannot be conveyed where it does not originally lie," he said. "Not even by court order. Mr. Franson is exceeding the scope and authority of the duties of his office and is acting as a natural person and not a jurist."
News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: The Fresno Bee
Author: Pablo Lopez
Contact: Covering Fresno and the San Joaquin Valley in Central California - Fresno Bee
Copyright: The Fresno Bee
Website:Fresno marijuana shop owner skips hearing - Local - fresnobee.com
