Pubdate: Tue, 20 Jul 2010 Source: Marin Independent Journal (CA) Copyright: 2010 Marin Independent Journal Contact: http://www.marinij.com/ Details: http://www.mapinc.org/media/673 Author: Jessica Bernstein-Wax CORTE MADERA FILES LAWSUIT TO SHUT DOWN POT CLUB Corte Madera has filed a lawsuit seeking to shut down one of two medical marijuana dispensaries operating at a Tamal Plaza office complex. In the complaint filed in Marin County Superior Court on Friday, Corte Madera Town Attorney Jeffrey Walter requested preliminary and permanent injunctions to stop Marin Holistic Solutions from storing, cultivating or distributing medical marijuana. The lawsuit also names landlord Francisco Properties as a defendant. "The subject property is located in the 'light industrial' zoning district as specified in the town's zoning code," the complaint stated. "Medical marijuana collectives and dispensaries and/or the sale of marijuana for any purpose are not listed as a permitted or conditionally permitted use in said zoning district." The complaint also accused Marin Holistic of breaking Corte Madera's municipal code, which bars any property use that violates federal or state law. In addition, the document called Marin Holistic's business license application, which described the establishment as "headquarters for a holistic remedies corporation," incomplete and misleading. "A medical marijuana dispensary in violation of a zoning code is in violation of the town's laws, and as a result, it's operating illegally," Assistant Town Attorney John Abaci said. "As a public nuisance, the town is seeking that the dispensary be abated and be prohibited from continuing to operate." On Monday attorneys for both sides appeared before a judge, who set a preliminary injunction hearing date for Sept. 30. "We have several options available to us, and I need to talk to my clients," said Scot Candell, the attorney representing Marin Holistic. Marin Holistic and Going Green dispensaries opened last year in an office complex on Tamal Vista Boulevard. Officials at the dispensaries say they only serve patients over 18 with medical marijuana cards, but parents have complained about their location near Redwood High School, which is about a half mile away. In May the town's Planning Commission began considering an ordinance regulating medical marijuana dispensaries that would have allowed the existing clubs to apply for licensing. However, the Town Council voted 4-0 during a June 1 closed-session discussion to authorize cease-and-desist letters that warned the clubs to stop operating by June 25, Walter said. Walter did not name Going Green as a defendant in the lawsuit filed Friday. "My understanding is they are undergoing eviction proceedings, so we would anticipate that they would be evicted by the landlord," Abaci said. Going Green owner Kim Pelham said her landlord hasn't evicted the business but did informally request that she start looking for another space because he doesn't want the town to sue him. "He doesn't want to be put in the middle of it," Pelham said. "I can understand it. I certainly don't want to put my landlord in a position where he's uncomfortable." Pelham added that she is looking for other spaces to lease because "I really don't want to abandon our patients here." Laurie Dubin, a Larkspur resident who has been a vocal opponent of the two clubs, applauded the Corte Madera lawsuit. "I find it more than a coincidence that the most recently opened dispensaries are either right as close as they could possibly be to a high school or right across from College of Marin," said Dubin, whose son attends Redwood. Dubin added that she supports medical marijuana "but not necessarily through dispensaries." "There should be safe access to medical marijuana to legitimate patients in medical establishments or in pharmacies," she said. But Barbara Summers, a 63-year-old Mill Valley resident who uses medical marijuana for her sciatica, anxiety and sleep problems, said she depends on Marin Holistic to supply her with edible pot products. "They're so professional," Summers said. "It feels like where you're supposed to go to get this, whereas some of the other places in San Francisco and Sausalito felt very seedy." Summers also uses heavy pain medications but was able to reduce the dose after adding medical marijuana about seven years ago. "I'm experiencing some kind of pain most of the time," she said. "(The marijuana) definitely deadens it out. It makes me be able to walk. It makes me be able to go to a store and do a couple of aisles." Summers noted that her son graduated from Redwood High in 1995 and her two stepchildren attended Tamalpais High. "I do understand parents' concerns," she said. "I would not have wanted my kids to smoke pot in high school. From what I've read, these kids (today) are going for the stuff like OxyContin. Marijuana, for them-it's like nothing." - --- MAP posted-by: Jo-D