Pubdate: Fri, 26 Nov 2010 Source: Record, The (Stockton, CA) Copyright: 2010 The Record Website: http://www.recordnet.com/ Details: http://www.mapinc.org/media/428 Author: Daniel Thigpen POT SHOP LEGAL BATTLES CONTINUE STOCKTON - Whether this Stockton medical marijuana dispensary will be allowed to continue doing business remains to be seen. But one thing is certain: Central Valley Caregivers Cooperative - better known by its former moniker, Pathways - is persistent. The dispensary is waging multiple legal fights in the months since a San Joaquin County judge ordered it to shut down at a previous Stockton location. That includes an appeals court case and a county code enforcement action over a second location opened earlier this year. Lynn Smith, the cooperative's director, said the battles are not motivated by the money to be made from medical pot. "We have a significant number of members that would have nowhere else to turn," Smith said. "It's hard for people to grasp, but my motivation is for the good of the patient." Pathways opened its first location on East Acacia Street in November 2009, reviving a long-dormant city discussion over dispensary regulations, an issue that had been debated years before but abandoned. The city sought to close the outlet, arguing the dispensary should not be open before the city had figured out how to regulate such businesses. After a legal back-and-forth, a San Joaquin County Superior Court judge in June ordered the dispensary to suspend its operations and pay $40,000 in fines. Smith has taken the case to the 3rd District Court of Appeals. The dispensary in part argues that its operation should have been allowed as a retail business under the city's development code. Also pending is a separate legal action the cooperative filed against Stockton after the city revoked its original business license, Deputy City Attorney Guy Petzold said. The city argued Pathways obtained its business license under false pretenses before officials discovered it was in fact a medical marijuana dispensary. In the weeks after the dispensary lost its June court battle with Stockton, Smith quietly opened a new outlet in one of Stockton's pockets of unincorporated county. After a neighbor complained about increased traffic around the dispensary, located in a complex off Tomahawk Drive west of Highway 99, county code enforcers issued Pathways a notice to comply for operating without a business license. The dispensary appealed, arguing that it has attempted to obtain a license. But county officials argued there is no appropriate category under which the shop can apply, Smith wrote. A hearing officer ruled against the cooperative in September. The shop is still selling marijuana while Smith appeals the decision to the county Board of Supervisors. "They're continuing to violate," Assistant County Counsel Mark Myles said. That the dispensary is still open could be a factor if supervisors uphold the hearing officer's ruling and forward the matter to the District Attorney's Office, which would consider further legal action, Myles said. Supervisors are expected to consider the dispensary's appeal in December. San Joaquin County has a temporary ban on medical marijuana dispensaries while officials craft permanent rules for the outlets. In a letter to the county, Smith argued that the ban doesn't apply to him because his cooperative predates the moratorium's March approval. - --- MAP posted-by: Matt