Pubdate: Sun, 08 Jan 2012
Source: Daily Press (Victorville, CA)
Copyright: 2012 Freedom Communications, Inc.
Contact: http://www.vvdailypress.com/sections/contactus/
Website: http://www.vvdailypress.com/
Details: http://www.mapinc.org/media/1061
Authors: Natasha Lindstrom and Tomoya Shimura

ADELANTO SHUTS DOWN ITS FIRST POT SHOP

ADELANTO * The city is cracking down on its first known medical
marijuana facility in an attempt to set an example for others who may
be trying to set up dispensaries within Adelanto's limits.

"We're taking the position that this is an illegal business. It is not
authorized in the city and it shouldn't be operating," City Manager
Jim Hart said. "They want to make it we're against medical marijuana -
we're simply saying it's not an authorized business in Adelanto."

Ramsey Najor, 69, of Hesperia began operating the Regenesis Health
medical marijuana collective in mid-November on Air Expressway near
Adelanto Road - about a half mile from City Hall and a quarter mile
from the Adelanto School District office.

The collective was brought to the city's attention when Najor applied
for a business permit. The city denied it and turned the information
over to its legal team.

While Najor filed an appeal, the city sent him a cease and desist
notice on Dec. 2.

Adelanto code enforcement then issued a search warrant at Najor's
500-square-foot office on Dec. 21. Najor said authorities confiscated
all documents - including medical records of all 173 patients - and
about 5 ounces of marijuana.

Najor was booked into Victor Valley Jail on suspicion of a misdemeanor
offense of operating a marijuana dispensary. Najor said he was
released on bail after about nine hours.

In June 2010, the City Council banned medical marijuana dispensaries,
extending what had been a temporary moratorium into permanent
municipal code.

Najor said he didn't know about the ordinance.

"I saw a need and there was no dispensary," he said. "I just wanted to
satisfy the need."

In 1996, some 56 percent of California voters passed Proposition 215,
which made the use of marijuana legal with a doctor's recommendation
for certain medical conditions such as cancer, glaucoma and chronic
pain.

But Adelanto officials and dozens of other cities and counties have
banned dispensaries under the argument that federal law trumps state
law. Marijuana possession or use of any kind remains illegal under
federal law.

Najor has managed to re-enter his space but is not currently operating
the Regenesis collective.

"(Regenesis) should not be opened at all," Adelanto Code Enforcement
Supervisor Walt Jue said. "I explained that it is a violation of the
municipal code, it is a misdemeanor, it is subject to citation and
booking, but I didn't want to go there."

City Finance Director George Harris said Regenesis is the first
medical marijuana dispensary that has approached Adelanto officials to
set up a business.

"Our research is telling us that there are other locations trying to
establish in the city," Harris said.

Johnny Salazar said he has been preparing to open GreenTree Health &
Healing collective at Bartlett Avenue near Jonathan Street.

"But after what happened to Mr. Najor, I don't know what to do,"
Salazar said. "Should we move to another city where it's accepted to
get meds?"

All of the Victor Valley's incorporated cities, along with
unincorporated San Bernardino County, have banned dispensaries.

This week medical marijuana patients in the area are planning to
picket in front of the City Hall and show up at a City Council meeting
to rescind the ordinance, Najor said.

"That's our goal," he said. "If that doesn't happen, we'll leave, but
we don't want to leave without fighting." 
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