Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Walnut Creek sued Tuesday in Contra Costa County Superior Court to shut down the C3 Collective — the city's first medical marijuana dispensary.
City leaders claim the dispensary at 1291 Oakland Blvd., which opened in August, is operating illegally, violating Walnut Creek's zoning laws.
As if the debate hadn't gotten heavy enough, leaders of another collective said Tuesday they plan to open a dispensary in Walnut Creek. Larry Flick of Greenleaf said he plans to open a wellness center that dispenses medical marijuana and offers massage, yoga and counseling in Walnut Creek. He said he operates other centers and plans to work with the city to get a Walnut Creek center open.
These latest developments come on the heels of the City Council's go-ahead Tuesday night directing city staff to study allowing or permanently prohibiting medical marijuana dispensaries in Walnut Creek. This rather procedural action drew a crowd, mainly of medical marijuana users who pleaded with the council to allow dispensaries.
City Attorney Paul Valle-Riestra said, as it stands now, medical marijuana dispensaries are prohibited. In August, the City Council passed a 45-day moratorium on dispensaries after learning that C3 was operating. Shortly thereafter, staff found a zoning law that prohibits any use that violates federal law.
Marijuana is illegal federally, for all purposes, so a moratorium is not even necessary, Valle-Riestra said.
The city has been fining C3, a nonprofit private collective, as much as $500 a day to get them to close. The lawsuit was the next step, Valle-Riestra said.
"Clearly the citation process wasn't persuasive," he said. "This use is clearly an illegal use and the (city) council based on (Tuesday's meeting) is going down a track to study making changes, and willingly to study something other than a complete prohibition in town."
The first case management conference for the suit isn't scheduled until March. It is likely the city will seek an injunction sooner to close the storefront, said Valle-Riestra.
"I would like to be compliant with you," said CEO of C3 Brian Hyman at Tuesday's council meeting. "How can I turn my patients away and say no to them? They are here ... begging your mercy."
Councilwoman Cindy Silva said it's not appropriate to allow C3 to remain open as the city studies the issue.
Though the council made no decisions on allowing, or continuing to allow, dispensaries, many showed up to voice their opinions on medical marijuana. On its Web site, C3's Web site they offered a 45 percent discount on marijuana for those patients who showed up to support the collective.
Resident Steve Raucher aid he has used medical marijuana for four years and travels through the Caldecott Tunnel to get his.
"Here's a wonderful opportunity for the city to get some revenue from this tax base," he said. "There is a definite need in Walnut Creek ... for medicinal marijuana."
Fellow resident Vicki Jones disagreed, saying dispensaries don't fit in with Walnut Creek's downtown and having a dispensary may drain city resources.
"Are we ready for police to go help them and deplete some of our resources?" she said at the meeting.
Council members agreed that increased revenue would play no part in their eventual decision on dispensaries. Councilman Bob Simmons said the council must take the emotion out of the debate and decide what is right for Walnut Creek.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: insidebayarea.com
Author: Elisabeth Nardi
Copyright: 2009 Contra Costa Times
Contact: Contact Us - Inside Bay Area
Website: Walnut Creek sues to shut down medical marijuana dispensary - Inside Bay Area
City leaders claim the dispensary at 1291 Oakland Blvd., which opened in August, is operating illegally, violating Walnut Creek's zoning laws.
As if the debate hadn't gotten heavy enough, leaders of another collective said Tuesday they plan to open a dispensary in Walnut Creek. Larry Flick of Greenleaf said he plans to open a wellness center that dispenses medical marijuana and offers massage, yoga and counseling in Walnut Creek. He said he operates other centers and plans to work with the city to get a Walnut Creek center open.
These latest developments come on the heels of the City Council's go-ahead Tuesday night directing city staff to study allowing or permanently prohibiting medical marijuana dispensaries in Walnut Creek. This rather procedural action drew a crowd, mainly of medical marijuana users who pleaded with the council to allow dispensaries.
City Attorney Paul Valle-Riestra said, as it stands now, medical marijuana dispensaries are prohibited. In August, the City Council passed a 45-day moratorium on dispensaries after learning that C3 was operating. Shortly thereafter, staff found a zoning law that prohibits any use that violates federal law.
Marijuana is illegal federally, for all purposes, so a moratorium is not even necessary, Valle-Riestra said.
The city has been fining C3, a nonprofit private collective, as much as $500 a day to get them to close. The lawsuit was the next step, Valle-Riestra said.
"Clearly the citation process wasn't persuasive," he said. "This use is clearly an illegal use and the (city) council based on (Tuesday's meeting) is going down a track to study making changes, and willingly to study something other than a complete prohibition in town."
The first case management conference for the suit isn't scheduled until March. It is likely the city will seek an injunction sooner to close the storefront, said Valle-Riestra.
"I would like to be compliant with you," said CEO of C3 Brian Hyman at Tuesday's council meeting. "How can I turn my patients away and say no to them? They are here ... begging your mercy."
Councilwoman Cindy Silva said it's not appropriate to allow C3 to remain open as the city studies the issue.
Though the council made no decisions on allowing, or continuing to allow, dispensaries, many showed up to voice their opinions on medical marijuana. On its Web site, C3's Web site they offered a 45 percent discount on marijuana for those patients who showed up to support the collective.
Resident Steve Raucher aid he has used medical marijuana for four years and travels through the Caldecott Tunnel to get his.
"Here's a wonderful opportunity for the city to get some revenue from this tax base," he said. "There is a definite need in Walnut Creek ... for medicinal marijuana."
Fellow resident Vicki Jones disagreed, saying dispensaries don't fit in with Walnut Creek's downtown and having a dispensary may drain city resources.
"Are we ready for police to go help them and deplete some of our resources?" she said at the meeting.
Council members agreed that increased revenue would play no part in their eventual decision on dispensaries. Councilman Bob Simmons said the council must take the emotion out of the debate and decide what is right for Walnut Creek.
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: insidebayarea.com
Author: Elisabeth Nardi
Copyright: 2009 Contra Costa Times
Contact: Contact Us - Inside Bay Area
Website: Walnut Creek sues to shut down medical marijuana dispensary - Inside Bay Area
