Pubdate: Fri, 27 Aug 2010
Source: Corning Observer ( Corning, CA )
Copyright: 2010 Freedom Communications
Contact: http://www.corning-observer.com/sections/letters-to-editor/
Website: http://www.corning-observer.com/
Details: http://www.mapinc.org/media/5071
Author: Julie R. Johnson

POT SHOP OWNER WANTS CITY'S BAN REVISITED

The subject of Corning's city interim ordinance which bans medical 
marijuana dispensaries, collectives or cooperatives will be back before the 
City Council at its next regular meeting.

Ken Prather, who is running for council on November's ballot, is happy 
about that.

Prather and his wife, Kathy, are the owners of Tehama Herbal Collective, a 
medical marijuana dispensary on Solano Street.

Because of the interim ordinance and the fact the Prathers opened and 
continue to operate the business without a permit, they receive a citation 
from the city every day stating they are in violation of the interim 
ordinance and city zoning codes.

During Tuesday's City Council meeting Prather stood at the podium and asked 
the council to reconsider the interim ordinance, and that the subject be 
placed on a council agenda.

He got his wishes when the council decided by unanimous consensus to hear 
the item on the Sept.  14.

Prather feels the interim ordinance is in conflict with last week's state 
4th District Appeals Court ruling on an Anaheim case, which states cities 
in California cannot base decisions concerning medical marijuana on federal 
laws.

City Planner John Stoufer disagrees, as does Mayor Gary Strack.

"I believe our ordinance is based on state law, not federal law," the mayor 
said.

In July, the council voted unanimously to extend the ordinance for an 
additional year.

"We are now waiting on the November election to see what happens with the 
measure concerning the legalization of marijuana for recreational use," 
Stoufer said.  "After that, and with the Anaheim decision, we will be 
better able draft a permanent ordinance."

In the meantime, the Prathers and the city are battling it out in court 
over the citations.  The trial is scheduled for Sept.  15.  
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MAP posted-by: Jo-D