Pubdate: Wed, 30 Jun 2010 Source: Record, The (Stockton, CA) Copyright: 2010 The Record Contact: http://www.recordnet.com/apps/pbcs.dll/section?Category=A_OPINION05 Website: http://www.recordnet.com/ Details: http://www.mapinc.org/media/428 Author: Daniel Thigpen DECISION ON POT SHOPS DELAYED But Stockton Wins Bid To Close Medical Marijuana Dispensary STOCKTON - City leaders put off a decision late Tuesday to regulate medical marijuana dispensaries while forcing another to close its doors the same day. Up to three medical marijuana dispensaries would be allowed to do business in Stockton under regulations considered by the City Council during a long public hearing in which some 20 lawyers and medical marijuana supporters spoke. "I want to as much as possible get this right," Vice Mayor Kathy Miller said, noting that several speakers brought up valid legal points that need addressing. Earlier Tuesday, the city won its bid to force a central Stockton marijuana dispensary to suspend its operations and pay $40,000 in fines. The city claimed Pathways Family Health Cooperative Counseling on East Acacia Street was a scofflaw business when it opened last fall before the city had figured out how to regulate such operations. The fall opening of Pathways prompted city leaders to revive the issue of dispensary rules, which they discussed years ago but dropped. The proposed regulations would: - - Initially cap the number of pot dispensaries that can operate in Stockton at three, with a future limit of one per 100,000 residents as the city grows. - - Require dispensaries to obtain a $30,000 operator's permit in addition to other application fees. - - Restrict dispensaries to operating at least 300 feet from homes or religious institutions; 500 feet from transitional housing facilities; and 1,000 feet from schools, libraries, parks and other dispensaries. - - Impose other rules on security, lighting, operations and workers. Lawyers and advocates, both local and from the Bay Area, filled the council chambers Tuesday. Some praised the city for its efforts and asked for minor changes to the proposed rules, while others criticized the regulations as too restrictive or as giving the Police Department too much oversight. Hours before the City Council meeting, a San Joaquin County Superior Court judge ordered Pathways to close and to pay $40,000 in fines for violating an earlier order to suspend operations. Earlier this year, the city won a preliminary injunction against the dispensary. Pathways appealed and reopened, arguing it should be allowed to stay open pending its appeal. But at a contempt hearing Tuesday, Judge Lesley Holland denied the dispensary's bid. "This is really a refusal to comply with the order," he said. After the ruling, Pathways director Lynn Smith said he closed shop immediately. He decried the judgment and said he was evaluating the store's next legal step. "It's a shame the city's going to abandon the need of patients that use medicinal marijuana until they get their ordinance in place and get another cooperative open that can fill that need," he said. "It's always been about the patient, and it's still about the patient." Attorneys arguing for the city Tuesday said that if Pathways applied for a permit to operate its dispensary under the city's new ordinance, it likely would not be allowed at the shop's current location, near a day care facility. - --- MAP posted-by: Keith Brilhart