Pubdate: Thu, 24 Jun 2010
Source: Inland Valley Daily Bulletin (Ontario, CA)
Copyright: 2010 Los Angeles Newspaper Group
Contact:  http://www.dailybulletin.com/
Details: http://www.mapinc.org/media/871
Author: Sandra Emerson

UPLAND SEEKING TO CLOSE TWO MEDICAL MARIJUANA CO-OPS

UPLAND - Aaron Sandusky hopes to change the city's  views on medical
marijuana.

Sandusky is president of G3 Holistic - one of two  medical marijuana
cooperatives in Upland that the city  is trying to close.

"We try to lead by example and I think it shows all the  way through
and hopefully (the city) will see that and  give us a chance to
continue," said Sandusky, who  opened G3 Holistic in November and has
members in San  Bernardino County.

City officials are attempting to shut down G3 Holistic  in the 1700
block of West Foothill Boulevard and UHPC  in the 900 block of North
Central Avenue. City zoning  rules prohibit medical marijuana
dispensaries.

"There's a considerable amount of people that look for  this
kind

Bud-tender Dan Forman labels jars of medical marijuana  on June 17 at
G3 Holistic, Inc. in Upland. (Jennifer  Cappuccio Maher Staff
Photographer)of alternate way of  medicating for whatever their needs
are and I think  we're providing them a pretty good place to come and
obtain what they're looking for," Sandusky said.

G3 and UHPC, which operate as medical marijuana  cooperatives, are
allowed to operate in California as  long as they follow strict
guidelines set up by the  state Department of Justice.

Voters approved a measure in 1996 that decriminalizes  the use of
marijuana for medicinal purposes if  recommended by a physician.
Lawmakers in 2004 made it  mandatory for counties to implement a
medical marijuana  identification card program.

But the U.S. Supreme Court has stated that the federal  Controlled
Substances Act trumps any state law  legalizing marijuana.

Upland's zoning ordinance, which was passed a couple of  years ago,
banned dispensaries from operating in the  city in order to comply
with federal law.

"Here we've got this odd federal law saying no  dispensaries and state
law saying sort of maybe," City  Attorney William Curley said. "Then
we've got the state  Constitution that says the city can adopt any law
that  is not in violation of state or federal law. We can  adopt
anything not in conflict with federal law, and  federal law says it's
a prohibited substance."

Although federal law does not exempt the use of medical  marijuana,
there is no legal conflict between the state  and federal governments,
according to the state  Department of Justice.

"We have a zoning ordinance that says it's not  permitted in town -
period," Curley said. "And if the  court agrees, as most courts have,
that zoning is a  valid land use control. then it's pretty cut and
dried."

Several Inland Valley cities - including Fontana,  Claremont, Pomona,
Rancho Cucamonga, Chino, Chino  Hills, Ontario and Montclair - also
prohibit  dispensaries as a possible land use.

None of these cities are currently in the process of  shutting down
dispensaries.

Sandusky said he would like cities to find a way to  allow legitimate
cooperatives to stay open instead of  spending tax dollars on shutting
them down.

"Unfortunately, we see or hear about these places being  shut down
because they're operating in a way that's not  right," Sandusky said.

Upland does not have the power to use its zoning laws  to prevent UHPC
from operating, when the state allows  for medical marijuana
cooperatives and collectives,  said Roger Jon Diamond, an attorney
representing UHPC.

Diamond described UHPC as a medical marijuana  dispensary cooperative.
The facility has been open  about five months.

"It seems to me the city should determine by zoning law  where this
type of operation can exist," Diamond said.  "The city argues they
have the right to totally ban it,  so we have a legal disagreement
over the power of the  city."

Diamond said a hearing date has been set for UHPC on  July 13 in West
Valley Superior Court in Rancho  Cucamonga.

Sandusky said his case is still pending.

California residents on Nov. 2 will vote on letting  marijuana be
legally sold and taxed in the state.

"It's a waste of taxpayer money to pursue a lawsuit  when we will get
a definitive answer on Nov. 2,"  Diamond said.

Mayor John Pomierski said the city may reconsider its  ordinance if
the initiative to legalize marijuana  passes in November.

"We're not going to take that route until the will of  the people
speaks," Pomierski said. "We've already said  we're not going to allow
them, so now the court stuff  kicks in gear." 
- ---
MAP posted-by: Jo-D