Pubdate: Thu, 11 Feb 2010
Source: Monterey County Herald (CA)
Copyright: 2010 Monterey County Herald
Contact:  http://www.montereyherald.com/
Details: http://www.mapinc.org/media/273
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MONTEREY SUES MEDICAL POT DISPENSARY

Monterey has sued the proprietor of a medical marijuana  dispensary
alleging that the business violated the  city's zoning codes by
setting up shop in town last  fall.

City officials filed the complaint against MyCaregiver  Inc. and
director Jhonrico Carrnshimba on Monday, after  the City Council voted
4-1 in closed session Feb. 2 to  authorize legal action against the
clinic, which has  been operating at 554 Lighthouse Ave. since November.

Also Feb. 2, the council finalized a 45-day moratorium  on medical
marijuana clinics, initiated under an  emergency ordinance. Council
member Jeff Haferman  dissented.

Mayor Chuck Della Sala declined to comment on details  of the
litigation, but noted there is no provision for  medical marijuana
clinics in the city's rules.

"There is no zoning ordinance in the city that allows  for a medicinal
marijuana dispensary," Della Sala said.

City Manager Fred Meurer said that means the clinic is  prohibited
from operating.

"Basically, it violated the city's code and should be  closed," Meurer
said.

City Attorney Deborah Mall was unavailable for comment.

MyCaregiver Inc. officials, including Carrnshimba and  San Jose
attorney Jim Roberts, have argued that the  clinic is a private,
nonprofit cooperative that  complies with state law, and that a
business license or  permit is not needed. California voters approved
the  use of medical marijuana in 1996.

But city officials said the nature of the clinic's  business was not
fully disclosed  as part of a business license application, which
listed  MyCaregiver Inc. as a "Health care  Cooperative/Individual &
Family Services."

Carrnshimba said the distribution of medical pot was  covered in the
application under "herbal remedies."

The city has issued a cease-and-desist order and is  reportedly
seeking to extend the moratorium.

City officials said clinic operators can apply to have  the city's
zoning code changed or appeal the  cease-and-desist order to the city
Planning Commission,  but have not done so.

Several Central Coast cities, including Pacific Grove,  Marina,
Hollister and Gilroy, have been attempting to  deal with the medical
marijuana clinic issue. Last  month, Pacific Grove approved its own
temporary  moratorium on the clinics. 
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MAP posted-by: Jo-D