In a unanimous vote Tuesday evening, the city council voted to bolt the door to "1537 B Upstairs," where the Purple Elephant has dispensed medical marijuana since last summer.
Luke Coleman, who owns the dispensary, was appealing a pair of 2008 decisions the city handed down to revoke his license. These pronouncements revolved around whether Coleman had honestly filled out his business license application with the city.
West Alameda Business Association Executive Director Kathy Moehring said, "The WABA board is not making a judgment about this type of business, what we are reacting to is the deception we feel we have endured. I think there was an admission of truth that allowed them to come in under the radar."
Moehring admitted, "We are being NIMBYs, we don't want this in our backyard, on our street. While I appreciate the tax revenue, I've observed a lot." Moehring's observation is that the customers of the Purple Elephant are "not participating in the businesses on the street, they're not eating in our restaurants, they're not shopping in our stores."
Coleman has worked as the Purple Elephant's "budtender" since the dispensary opened last July 10 to no fanfare. He offers his clients different strains of marijuana and hashish. According to the city attorney's office, Coleman wrote on his application that the Purple Elephant was a "miscellaneous retail" store and made no mention of selling marijuana. The city also contends that Coleman's selling of marijuana is illegal under federal law.
Phone lines at the Purple Elephant have been disconnected, and the Sun was unable to contact him.
Edward Higginbotham, Coleman's attorney, contends that his client was denied proper due process because the hearing officers – then-Interim Finance Director Ann Marie Gallant and then-City Manager Debra Kurita – were city employees and could not render an impartial decision. When Gallant and Kurita voted to revoke Coleman's license, he appealed.
"The adjudicator must be impartial," Higginbotham said, citing various state Supreme Court decisions. "There is no way you can justify having a paid employee come in and do the notice, prosecute the action and then make the decision. From this point on, this goes to court."
Mayor Beverly Johnson, Gallant and Kurita presided over Coleman's appeal and upheld the appeal.
After city staff received several other applications to open medical marijuana dispensaries, the city council adopted, and then extended, a moratorium on new dispensaries through June 30, 2010. The city is currently studying the impact medical marijuana dispensaries would have here. City staff is also working on a city ordinance to regulate the dispensaries.
California voters made medical marijuana legal in 1996 with the passage of Proposition 215. Despite this, Federal law still prohibits the drug's use. In February, President Barack Obama's Attorney General Eric Holder's said that the Justice Department will no longer raid any medical marijuana clubs established under state law.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Alameda Sun
Contact: Alameda Sun
Copyright: 2009 Alameda Sun
Website: Up in Smoke
Luke Coleman, who owns the dispensary, was appealing a pair of 2008 decisions the city handed down to revoke his license. These pronouncements revolved around whether Coleman had honestly filled out his business license application with the city.
West Alameda Business Association Executive Director Kathy Moehring said, "The WABA board is not making a judgment about this type of business, what we are reacting to is the deception we feel we have endured. I think there was an admission of truth that allowed them to come in under the radar."
Moehring admitted, "We are being NIMBYs, we don't want this in our backyard, on our street. While I appreciate the tax revenue, I've observed a lot." Moehring's observation is that the customers of the Purple Elephant are "not participating in the businesses on the street, they're not eating in our restaurants, they're not shopping in our stores."
Coleman has worked as the Purple Elephant's "budtender" since the dispensary opened last July 10 to no fanfare. He offers his clients different strains of marijuana and hashish. According to the city attorney's office, Coleman wrote on his application that the Purple Elephant was a "miscellaneous retail" store and made no mention of selling marijuana. The city also contends that Coleman's selling of marijuana is illegal under federal law.
Phone lines at the Purple Elephant have been disconnected, and the Sun was unable to contact him.
Edward Higginbotham, Coleman's attorney, contends that his client was denied proper due process because the hearing officers – then-Interim Finance Director Ann Marie Gallant and then-City Manager Debra Kurita – were city employees and could not render an impartial decision. When Gallant and Kurita voted to revoke Coleman's license, he appealed.
"The adjudicator must be impartial," Higginbotham said, citing various state Supreme Court decisions. "There is no way you can justify having a paid employee come in and do the notice, prosecute the action and then make the decision. From this point on, this goes to court."
Mayor Beverly Johnson, Gallant and Kurita presided over Coleman's appeal and upheld the appeal.
After city staff received several other applications to open medical marijuana dispensaries, the city council adopted, and then extended, a moratorium on new dispensaries through June 30, 2010. The city is currently studying the impact medical marijuana dispensaries would have here. City staff is also working on a city ordinance to regulate the dispensaries.
California voters made medical marijuana legal in 1996 with the passage of Proposition 215. Despite this, Federal law still prohibits the drug's use. In February, President Barack Obama's Attorney General Eric Holder's said that the Justice Department will no longer raid any medical marijuana clubs established under state law.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Alameda Sun
Contact: Alameda Sun
Copyright: 2009 Alameda Sun
Website: Up in Smoke
