Pubdate: Wed, 19 Apr 2000
Source: Santa Cruz County Sentinel (CA)
Copyright: 2000 Santa Cruz County Sentinel
Contact:  PO Box 638, Santa Cruz, CA 95061
Fax: (408) 429-9620
Feedback: http://www.santacruzsentinel.com/news/edit/let.htm
Website: http://www.santacruzsentinel.com/
Author: Darrel W. Cole, Sentinel staff writer

POT CLUB FACES CITY CRACKDOWN

SANTA CRUZ - City officials have served a shut-down order on a new medical 
marijuana provider on Seabright Avenue but will allow the group to continue 
operating while it seeks the proper permits.

Kate Wells, who opened Santa Cruz Cannabis Pharmaceuticals in a small home 
on Seabright almost two weeks ago, said she wants to comply with city rules 
but has no   plans to abide by Monday's notice.

City officials said Wells, a lawyer, never obtained the proper permits to 
open. A permit was needed because the house was previously used as a 
residence and is zoned for offices.

Area residents complained that the use was inappropriate because the 
neighborhood is largely residential and because a school and church are nearby.

Chief Building Official Dick Stubendorff said Tuesday the city could 
legally shut down the non-profit group but is giving it a chance to apply 
for permits.

"They are working with no permission from us whatsoever, but we are looking 
at it objectively, forget the politics of it," Stubendorff said. "We are 
telling them to get in an   application immediately and let's go from 
there. This is new water for us."

Stubendorff said the city wouldn't want to shut down an operation, thereby 
depriving someone of medication.

Marijuana is used by some people to relieve suffering caused by diseases 
and illnesses like HIV, migraines, cancer and anorexia.

Wells opened Santa Cruz Cannabis Pharmaceuticals April 7, just days before 
the City Council approved an ordinance that allows recognized associations 
to cultivate and   distribute medical marijuana to qualified patients in 
the city. That ordinance will take   effect May 11.

"The council passed an ordinance without first communicating with the city 
permit department," Wells said. "We are the ones caught in the middle. 
We'll do whatever we   have to do and jump through whatever hoops we have 
to, but we don't know what the   hoops are. They could red tag us, but it 
won't close use down."

Wells said she picked up permit application forms Monday.

"I think the city letter (ordering a shut down) was a knee-jerk reaction 
coming from neighbors' complaints," Wells said.

Meanwhile, she hopes to find a new space to distribute the medical 
marijuana and wants to keep the Seabright house for administrative uses only.

Mayor Keith Sugar said the city will work out site details before the 
ordinance takes effect. He said he wants the city to work with Wells and 
neighbors, but that Wells must   follow city zoning rules.

"It means she can't really operate," until we have (guidelines), Sugar said.

Sugar said he fears that if the city doesn't regulate its medical marijuana 
associations "100 percent by the book," the federal government will be more 
apt to intervene.

"We are now drafting guidelines and criteria. ... I'm sure Kate is all 
above board and she will provide a valuable service, but she has to play 
ball. What I want to do is meet   with the residents and talk to them and 
once we have rules in place we can provide   assurances to them that these 
operators are above board."

Wells said the new city ordinance doesn't make clear the zones in which a 
marijuana operation can operate. She said such uses should be allowed in 
residential areas.

Asked if she would close down if the city ordered her, she said, "Hell no. 
Hell no I'm not going to back down."
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