Pubdate: Wed, 30 Jun 2010 Source: Pueblo Chieftain (CO) Copyright: 2010 The Pueblo Chieftain Contact: http://www.chieftain.com/ Details: http://www.mapinc.org/media/1613 Author: Peter Roper DISPENSARY OWNERS WILL CHALLENGE ACTION City Delivers Cease-And-Desist Order to MediMar City officials delivered a cease-and-desist order Tuesday to MediMar Ministries, the only medical marijuana center that has been openly operating in the city during the past few months, despite a city moratorium on licensing such businesses. Tom Sexton, who transferred ownership of MediMar to his wife, Karen Garnant, said the business at 112 Colorado Ave. would appeal the city's order but was uncertain Tuesday whether that would be in court or through the city's zoning board of appeals. "We've tried to operate a model (medical marijuana) business, working with the city along the way," Sexton said. "But if the city insists that this conversation has to take place in court, I guess that's where we'll have it." Sexton said he transferred ownership to his wife after being convicted in district court earlier this summer of possessing marijuana. Pueblo County Sheriff's deputies had raided his Beulah property and confiscated marijuana plants that Sexton used for MediMar. Asked about Tuesday's cease-and-desist order, City Attorney Tom Florczak said that when MediMar was granted a sales-tax license last year, city officials were not aware it was for a medical marijuana business. That quickly changed when Sexton and other medical marijuana providers challenged City Council's decision last autumn to impose a moratorium on licensing medical marijuana centers. Sexton told council he would respect that moratorium, but that changed last spring when a Colorado district court ruled against the city of Centennial, which had tried to impose a ban on a marijuana center after previously granting it a license. When that decision was announced, attorneys for MediMar informed The Pueblo Chieftain the business would resume providing marijuana to patients that had designated it as a caregiver. Pueblo police were aware MediMar was back in operation earlier this year, but both city and county officials were waiting for the Legislature to determine how those businesses would or could be regulated. Lawmakers finished work in May, but said state licenses would not be available until July 2011. Council is divided over whether to license and regulate marijuana centers, or ban them in the city. Council will consider an ordinance July 12 that would put that question to city voters. Sexton said MediMar has collected and paid $20,000 in city sales tax this year. "What really bothers me is that the city is determined to force us out of this building so that we have to meet our patients in cars and homes to give them their medication," he said. - --- MAP posted-by: Richard Lake