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The City Council has directed City Attorney Jim Markman to sue a medical marijuana dispensary it describes as illegal to force it shut down.
The city has banned marijuana dispensaries since April 2008.
The council's action on Tuesday came after a cease and desist letter dated May2 was sent to Valley View Med Center, 16580 Valley View Ave.
"We received a letter from the attorney representing them indicating they didn't have an intention to close," said Anne Haraksin, assistant to the city manager.
Markman said the council won't tolerate a medical marijuana dispensary in La Mirada and will file a lawsuit as quickly as possible.
"If we look the other way on this one, we'll have a dozen of them open before you can blink your eye," he said.
"We're going to sue him, sue his landlord and probably call the federal government to see if they have taken an interest in this," Markman said.
Stanley Kimmel, attorney for the Valley View Med Center, said he's disappointed in the city's action to sue.
"I think it's a great shame," Kimmel said. "I would like to talk them into seeing reason and not doing that because the lawsuit will mount to a great expense for everybody."
Citing a recent state appellate court decision, Lake Forest v. Evergreen, Kimmel said city bans of medical marijuana dispensaries are illegal.
In that case - handed down by the 4th District of the state Court of Appeal - the court "held that per se ban medical marijuana dispensaries conflicted with Medical Marijuana Program Act."
"The state permits medical marijuana collectives to cultivate for medical purposes," Kimmel said. "Once the state has spoken, the city can't weigh in with a different policy.
In 1996, voters approved Proposition 215 allowing marijuana to be used for medical purposes.
However, Markman said the state Supreme Court already has vacated the Lake Forest v. Evergreen decision and is expected to take up the issue of medical marijuana soon.
There also are two other appellate court opinions allowing cities to ban dispensaries, he said.
"The status of the law is about as muddy as it can be but we don't think the Legislature means to deprive us of our zoning power," Markman said.
The dispensary is in a small shopping center and is next to two restaurants, a temporary hiring agency and a furniture store.
Attorneys and others were unsure of how long it's been at the location, but the store received a business license to sell vitamins on March 23.
Oscar Hernandez of Bellflower who works in a nearby building and often eats at one of the strip mall's restaurants, said he's never seen anybody go in or out.
"I always thought it was closed," Hernandez said. "I never thought it was a negative distraction."
But Marlene Ruiz, who works at First Choice Staffing, said she's happy the city wants to close the dispensary.
"I don't think that's a good place to be here," Ruiz said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: whittierdailynews.com
Author: Mike Sprague
Contact: Contact Us - Whittier Daily News
Website: La Mirada to sue medical marijuana dispensary to force it to disband - Whittier Daily News
The city has banned marijuana dispensaries since April 2008.
The council's action on Tuesday came after a cease and desist letter dated May2 was sent to Valley View Med Center, 16580 Valley View Ave.
"We received a letter from the attorney representing them indicating they didn't have an intention to close," said Anne Haraksin, assistant to the city manager.
Markman said the council won't tolerate a medical marijuana dispensary in La Mirada and will file a lawsuit as quickly as possible.
"If we look the other way on this one, we'll have a dozen of them open before you can blink your eye," he said.
"We're going to sue him, sue his landlord and probably call the federal government to see if they have taken an interest in this," Markman said.
Stanley Kimmel, attorney for the Valley View Med Center, said he's disappointed in the city's action to sue.
"I think it's a great shame," Kimmel said. "I would like to talk them into seeing reason and not doing that because the lawsuit will mount to a great expense for everybody."
Citing a recent state appellate court decision, Lake Forest v. Evergreen, Kimmel said city bans of medical marijuana dispensaries are illegal.
In that case - handed down by the 4th District of the state Court of Appeal - the court "held that per se ban medical marijuana dispensaries conflicted with Medical Marijuana Program Act."
"The state permits medical marijuana collectives to cultivate for medical purposes," Kimmel said. "Once the state has spoken, the city can't weigh in with a different policy.
In 1996, voters approved Proposition 215 allowing marijuana to be used for medical purposes.
However, Markman said the state Supreme Court already has vacated the Lake Forest v. Evergreen decision and is expected to take up the issue of medical marijuana soon.
There also are two other appellate court opinions allowing cities to ban dispensaries, he said.
"The status of the law is about as muddy as it can be but we don't think the Legislature means to deprive us of our zoning power," Markman said.
The dispensary is in a small shopping center and is next to two restaurants, a temporary hiring agency and a furniture store.
Attorneys and others were unsure of how long it's been at the location, but the store received a business license to sell vitamins on March 23.
Oscar Hernandez of Bellflower who works in a nearby building and often eats at one of the strip mall's restaurants, said he's never seen anybody go in or out.
"I always thought it was closed," Hernandez said. "I never thought it was a negative distraction."
But Marlene Ruiz, who works at First Choice Staffing, said she's happy the city wants to close the dispensary.
"I don't think that's a good place to be here," Ruiz said.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: whittierdailynews.com
Author: Mike Sprague
Contact: Contact Us - Whittier Daily News
Website: La Mirada to sue medical marijuana dispensary to force it to disband - Whittier Daily News
