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Members of the now-shuttered C3 Collective medical marijuana dispensary have agreed to never again set up shop in the city, in exchange for being let off the hook for $67,000 in fines.
Walnut Creek has been trying for more than a year to permanently shut down the storefront at 1291 Oakland Blvd. on downtown's west edge. C3, the city's first and so far only dispensary, agreed to the settlement approved by a Contra Costa County Superior Court judge Jan. 7.
C3 "agreed that their use of the property in Walnut Creek or any property in the city is not permitted, and wasn't conditionally permitted, under the municipal code and therefore it is a nuisance," said Bryan Wenter, Walnut Creek's assistant city attorney.
The city says the dispensary, which opened in summer 2009, violated Walnut Creek's zoning laws. The city later started fining C3 $500 every day it was open. When the collective continued to operate, the city went to court.
Nearly a year ago a judge granted the city an injunction to shut down the dispensary. C3, a nonprofit collective, closed down in March 2010. But owners said they planned to fight for patients' rights, saying the dispensary violated no laws because medical marijuana is legal in California.
C3 decided to no longer fight Walnut Creek because of a "personal situation" involving Bryan Hyman, C3's chief executive officer, said his attorney Scot Candell.
"If circumstances were different, then the case would not have settled quickly," Candell said. "I think Walnut Creek is on very shaky ground and (medical marijuana rights) are being resolved in the appellate courts at this point. I would not be surprised if their logic turned out to not hold water in six months or a year from now."
Walnut Creek officials maintained the dispensary's operation was prohibited because marijuana is illegal under federal law. But their court case centered on the violation of Walnut Creek zoning laws; a dispensary, like a pharmacy, was prohibited where the collective operated.
The city agreed to waive the $67,300 in fines because it was never the city's intent to make money on the situation, Wenter said.
"It made some sense to just waive the fees because we were getting the results we wanted anyway, which was simply for them to comply with the zoning ordinance," he said.
Candell believes the fight for medical marijuana patients to get safe, legal access to their medicine will continue. It usually takes one person to "storm the hill and they end up taking most of the shrapnel," he added.
Wenter said he has received many inquires from people who want to open medical marijuana dispensaries in Walnut Creek, but so far no one has applied to do so.
And it may be best for people to wait and see where Walnut Creek leaders stand on medical marijuana, Wenter said. The city could institute a policy change and create a medical marijuana ordinance, similar to the one Martinez is working on. That would require zoning and land-use changes, he said.
Mayor Cindy Silva said Thursday a potential medical marijuana ordinance is one of the many things the council needs to talk about. She said it was to have been discussed at the council's goal-setting meetings Friday and Saturday.
News Hawk: MedicalNeed 420 MAGAZINE
Source: contracostatimes.com
Author: Elisabeth Nardi
Contact: Contact Us - ContraCostaTimes.com
Copyright: 2011 Bay Area News Group
Website:Walnut Creek, owners of medical marijuana dispensary settle - ContraCostaTimes.com
Walnut Creek has been trying for more than a year to permanently shut down the storefront at 1291 Oakland Blvd. on downtown's west edge. C3, the city's first and so far only dispensary, agreed to the settlement approved by a Contra Costa County Superior Court judge Jan. 7.
C3 "agreed that their use of the property in Walnut Creek or any property in the city is not permitted, and wasn't conditionally permitted, under the municipal code and therefore it is a nuisance," said Bryan Wenter, Walnut Creek's assistant city attorney.
The city says the dispensary, which opened in summer 2009, violated Walnut Creek's zoning laws. The city later started fining C3 $500 every day it was open. When the collective continued to operate, the city went to court.
Nearly a year ago a judge granted the city an injunction to shut down the dispensary. C3, a nonprofit collective, closed down in March 2010. But owners said they planned to fight for patients' rights, saying the dispensary violated no laws because medical marijuana is legal in California.
C3 decided to no longer fight Walnut Creek because of a "personal situation" involving Bryan Hyman, C3's chief executive officer, said his attorney Scot Candell.
"If circumstances were different, then the case would not have settled quickly," Candell said. "I think Walnut Creek is on very shaky ground and (medical marijuana rights) are being resolved in the appellate courts at this point. I would not be surprised if their logic turned out to not hold water in six months or a year from now."
Walnut Creek officials maintained the dispensary's operation was prohibited because marijuana is illegal under federal law. But their court case centered on the violation of Walnut Creek zoning laws; a dispensary, like a pharmacy, was prohibited where the collective operated.
The city agreed to waive the $67,300 in fines because it was never the city's intent to make money on the situation, Wenter said.
"It made some sense to just waive the fees because we were getting the results we wanted anyway, which was simply for them to comply with the zoning ordinance," he said.
Candell believes the fight for medical marijuana patients to get safe, legal access to their medicine will continue. It usually takes one person to "storm the hill and they end up taking most of the shrapnel," he added.
Wenter said he has received many inquires from people who want to open medical marijuana dispensaries in Walnut Creek, but so far no one has applied to do so.
And it may be best for people to wait and see where Walnut Creek leaders stand on medical marijuana, Wenter said. The city could institute a policy change and create a medical marijuana ordinance, similar to the one Martinez is working on. That would require zoning and land-use changes, he said.
Mayor Cindy Silva said Thursday a potential medical marijuana ordinance is one of the many things the council needs to talk about. She said it was to have been discussed at the council's goal-setting meetings Friday and Saturday.
News Hawk: MedicalNeed 420 MAGAZINE
Source: contracostatimes.com
Author: Elisabeth Nardi
Contact: Contact Us - ContraCostaTimes.com
Copyright: 2011 Bay Area News Group
Website:Walnut Creek, owners of medical marijuana dispensary settle - ContraCostaTimes.com
