CORNING -- City officials are keeping tabs on an appellate court action that could mean citations and fines for a medical marijuana dispensary that remains open in this small town, despite a 45-day moratorium on such businesses.
Corning Planning Director John Stoufer said the business, a storefront operation on Solano Street, is not an allowed use for the zoning in its current location.
"They are operating in violation of zoning laws right now," he said.
Stoufer said a ban on such business, passed recently in the Southern California city of Anaheim, was appealed by dispensary interests
An appellate court is reviewing the decision, and may issue a ruling within 90 days.
"We're kind of in limbo until then," Stoufer said.
He noted contradictions in state and federal laws concerning medical marijuana sales need to be resolved.
Because the Corning business, called Tehama Herbal Collective (THC) operates under state regulations, manager Jeff Fletcher said it isn't required to have a business license. He maintains the business is proper for the zoning, and a good fit in the neighborhood.
He said THC, which operates as a nonprofit corporation, already has about 215 member patients, and a potential for up to 3,500 patients exists in the area.
Fletcher said most people don't have the skill or patience to grow their own quality marijuana. "It's not as easy as you might think," he said.
Only those with Proposition 215 doctor's scripts can join and purchase marijuana. "If there's any doubt, we insist on verification from a physician," he said.
Marijuana purchases are placed in a prescription bag typical of those used by most pharmacies.
The pot comes from members who grow more than they need for personal use, and is available in a range of qualities. "The cost is fair," Fletcher said, but didn't quote prices.
There is no record, he said, of who surrenders pot to the collective, or in what quantity. Security measures are in place, but aren't obvious.
The store is run much like any health provider. Anyone who goes inside is greeted by a waiting room that could be that of a doctor's office or medical clinic.
Only members are allowed through another door, where the marijuana is dispensed from large jars, and other items like marijuana-related clothing is sold.
THC distributes directly from its storefront location, making it different than many other marijuana collectives, which deliver pot to clients from a mobile dispensary.
For the past several weeks THC has been running an ad in this newspaper that gives an address and phone number for the business, and displays a marijuana leaf with a center spike that forms a caduceus, a symbol of the medical profession.
Fletcher said members of the Corning Police Department spent about 90 minutes in the store recently just observing how it operates.
City officials voted to extend the moratorium on marijuana dispensaries to 10 months and 15 days, but haven't taken any action yet against THC. "That (citations and fines) could come at any time," Stoufer said.
In the meantime, Fletcher is hoping officials will take time to investigate the laws concerning medical marijuana, as THC works to prove it can serve a need in the community.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Chico Enterprise-Record
Author: GREG WELTER
Contact: HOME - Chico Enterprise Record
Copyright: 1996 - 2008 - Chico Enterprise-Record
Website:Potluck: Marijuana dispensary appears thriving, but some want it shut down - Chico Enterprise Record
Corning Planning Director John Stoufer said the business, a storefront operation on Solano Street, is not an allowed use for the zoning in its current location.
"They are operating in violation of zoning laws right now," he said.
Stoufer said a ban on such business, passed recently in the Southern California city of Anaheim, was appealed by dispensary interests
An appellate court is reviewing the decision, and may issue a ruling within 90 days.
"We're kind of in limbo until then," Stoufer said.
He noted contradictions in state and federal laws concerning medical marijuana sales need to be resolved.
Because the Corning business, called Tehama Herbal Collective (THC) operates under state regulations, manager Jeff Fletcher said it isn't required to have a business license. He maintains the business is proper for the zoning, and a good fit in the neighborhood.
He said THC, which operates as a nonprofit corporation, already has about 215 member patients, and a potential for up to 3,500 patients exists in the area.
Fletcher said most people don't have the skill or patience to grow their own quality marijuana. "It's not as easy as you might think," he said.
Only those with Proposition 215 doctor's scripts can join and purchase marijuana. "If there's any doubt, we insist on verification from a physician," he said.
Marijuana purchases are placed in a prescription bag typical of those used by most pharmacies.
The pot comes from members who grow more than they need for personal use, and is available in a range of qualities. "The cost is fair," Fletcher said, but didn't quote prices.
There is no record, he said, of who surrenders pot to the collective, or in what quantity. Security measures are in place, but aren't obvious.
The store is run much like any health provider. Anyone who goes inside is greeted by a waiting room that could be that of a doctor's office or medical clinic.
Only members are allowed through another door, where the marijuana is dispensed from large jars, and other items like marijuana-related clothing is sold.
THC distributes directly from its storefront location, making it different than many other marijuana collectives, which deliver pot to clients from a mobile dispensary.
For the past several weeks THC has been running an ad in this newspaper that gives an address and phone number for the business, and displays a marijuana leaf with a center spike that forms a caduceus, a symbol of the medical profession.
Fletcher said members of the Corning Police Department spent about 90 minutes in the store recently just observing how it operates.
City officials voted to extend the moratorium on marijuana dispensaries to 10 months and 15 days, but haven't taken any action yet against THC. "That (citations and fines) could come at any time," Stoufer said.
In the meantime, Fletcher is hoping officials will take time to investigate the laws concerning medical marijuana, as THC works to prove it can serve a need in the community.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Chico Enterprise-Record
Author: GREG WELTER
Contact: HOME - Chico Enterprise Record
Copyright: 1996 - 2008 - Chico Enterprise-Record
Website:Potluck: Marijuana dispensary appears thriving, but some want it shut down - Chico Enterprise Record
