Pubdate: Thu, 30 Oct 2014 Source: San Diego Union Tribune (CA) Copyright: 2014 Union-Tribune Publishing Co. Contact: http://www.utsandiego.com/ Details: http://www.mapinc.org/media/386 Note: Seldom prints LTEs from outside it's circulation area. Author: Edward Sifuentes CONTROVERSIAL POT SHOP IN OCEANSIDE TO CLOSE Nature's Leaf Collective in Oceanside Agrees to Shut Doors by Friday After More Than a Year of Fighting Against City Oceanside - A medical marijuana dispensary that Oceanside has been trying to shut down for more than a year finally agreed to close this week, city officials said. The Nature's Leaf Collective on Vista Way opened early last year without a permit. It later applied for a permit but was denied because the city's zoning regulations don't list marijuana dispensaries as an approved use and are therefore not allowed, officials said. In a rare show of unanimity, the City Council stood firm against the shop and ordered it closed. "I hope it sends the message to others that if you are going to open (a marijuana dispensary), we are going to go after you," said Councilman Jerry Kern. The city filed a lawsuit against the shop last year and won a court order in April to close it down. That order was stayed until August while the shop unsuccessfully tried to obtain a permit. City Attorney John Mullen said this week that the owner of the shop, George Sadler, agreed to close by Friday after a judge denied a petition to keep the shop open while the case makes its way through the courts. Sadler could not be reached for comment Tuesday. Mullen said the case was unusual because most medical marijuana shops agree to close when the city approaches them. Nature's Leaf used several legal maneuvers in an attempt to remain open, including filing a lawsuit against the city earlier this year. The shop has now agreed to drop that suit, Mullen said. Nature's Leaf won a minor victory in May, when the city's Planning Commission sided with the shop and recommended that the council change its rules to allow medical marijuana dispensaries. A narrow 3-2 majority on the commission said residents who need marijuana for medical purposes should have a safe place in the city to get it. The council unanimously voted in June to deny the zoning change. The city's planning staff had recommended that the commission deny the request, saying the Oceanside Police Department considers the dispensaries a public safety hazard. California allows the use of medical marijuana under Proposition 215, an initiative approved by voters in 1996, but the drug remains illegal under federal law. Last year, San Diego approved a controversial city ordinance to allow and regulate a limited number of marijuana dispensaries. Earlier this month, the city gave tentative approval for one shop to open in Otay Mesa. But most North County cities, including Oceanside, have stood fast against the shops. Kern said the city has a right to regulate land uses and deny unwanted establishments. He added that medical marijuana sends mixed messages to the city's youths. "I'm really concerned that we're telling our youth, 'Oh, it's OK,' " he said. "Well, it's not OK." - --- MAP posted-by: Jay Bergstrom