Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
CA - Walnut Creek's first medical marijuana dispensary will be forced to shut down.
Judge Barry Baskin of Contra Costa County Superior Court granted a preliminary injunction Wednesday afternoon to close the C3 Collective, the first nonprofit storefront medical marijuana dispensary in Walnut Creek. The dispensary must close by March 23 or face contempt of court charges, according to city officials.
City leaders have asserted that the dispensary at 1291 Oakland Blvd., which opened in August, did so illegally and is in violation of Walnut Creek's zoning laws.
Dispensary organizers have said in the past that they filed a business license with Walnut Creek and have not violated any laws, because medical marijuana is legal and the city is denying patients their medicine.
Last fall, the city began fining the dispensary $500 a day for each day it is found open. City attorneys filed a lawsuit in September against C3 and its chief executive officer Brian Hyman. But as city leaders wait for a decision on the lawsuit — which may be a long process — city attorneys petitioned the court for a preliminary injunction to get the collective closed sooner. The dispensary is not allowed in Walnut Creek because marijuana is illegal under federal law, said Bryan Wenter, assistant city attorney. Even if such a dispensary was allowed, Wenter said, the property where it sits is not zoned for that purpose.
Baskin's ruling echoes that. He wrote, "operation of a medical marijuana dispensary is not an expressly permitted use under the City of Walnut Creek's zoning code, and therefore that defendants' conduct must be enjoined as a nuisance per se."
Further, Baskin said the dispensary failed "to demonstrate a risk of grave or irreparable harm" in its claims that patients of the collective would be hurt.
Baskin issued a tentative ruling earlier Wednesday granting the injunction. C3 could have challenged the ruling and the judge would have heard arguments at a hearing today. Wenter said C3 representatives notified only after the required 4 p.m. deadline that they wanted to contest the ruling. By missing that deadline, the injunction stands, Wenter said.
Neither Hyman nor lawyers for C3 could be reached immediately for comment this morning.
A few days ago, C3 leaders posted their thoughts about the city's case against them on the collective's blog. "C3 will not rest until the government of Walnut Creek stands in support of our suffering patients and allows them safe access to the medicine they need," according to the C3 site.
NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: San Jose Mercury News
Author: Elisabeth Nardi
Copyright: 2010 San Jose Mercury News
Contact: Help - San Jose Mercury News
Website: Walnut Creek's marijuana dispensary to be shut down - San Jose Mercury News
Judge Barry Baskin of Contra Costa County Superior Court granted a preliminary injunction Wednesday afternoon to close the C3 Collective, the first nonprofit storefront medical marijuana dispensary in Walnut Creek. The dispensary must close by March 23 or face contempt of court charges, according to city officials.
City leaders have asserted that the dispensary at 1291 Oakland Blvd., which opened in August, did so illegally and is in violation of Walnut Creek's zoning laws.
Dispensary organizers have said in the past that they filed a business license with Walnut Creek and have not violated any laws, because medical marijuana is legal and the city is denying patients their medicine.
Last fall, the city began fining the dispensary $500 a day for each day it is found open. City attorneys filed a lawsuit in September against C3 and its chief executive officer Brian Hyman. But as city leaders wait for a decision on the lawsuit — which may be a long process — city attorneys petitioned the court for a preliminary injunction to get the collective closed sooner. The dispensary is not allowed in Walnut Creek because marijuana is illegal under federal law, said Bryan Wenter, assistant city attorney. Even if such a dispensary was allowed, Wenter said, the property where it sits is not zoned for that purpose.
Baskin's ruling echoes that. He wrote, "operation of a medical marijuana dispensary is not an expressly permitted use under the City of Walnut Creek's zoning code, and therefore that defendants' conduct must be enjoined as a nuisance per se."
Further, Baskin said the dispensary failed "to demonstrate a risk of grave or irreparable harm" in its claims that patients of the collective would be hurt.
Baskin issued a tentative ruling earlier Wednesday granting the injunction. C3 could have challenged the ruling and the judge would have heard arguments at a hearing today. Wenter said C3 representatives notified only after the required 4 p.m. deadline that they wanted to contest the ruling. By missing that deadline, the injunction stands, Wenter said.
Neither Hyman nor lawyers for C3 could be reached immediately for comment this morning.
A few days ago, C3 leaders posted their thoughts about the city's case against them on the collective's blog. "C3 will not rest until the government of Walnut Creek stands in support of our suffering patients and allows them safe access to the medicine they need," according to the C3 site.
NewsHawk: User: 420 Magazine - Cannabis Culture News & Reviews
Source: San Jose Mercury News
Author: Elisabeth Nardi
Copyright: 2010 San Jose Mercury News
Contact: Help - San Jose Mercury News
Website: Walnut Creek's marijuana dispensary to be shut down - San Jose Mercury News
