Monterey Pot Club Loses In Court

[Ganjarden]

A Monterey medical marijuana dispensary has been ordered by the court to close immediately, city officials said Friday.

Superior Court Judge Robert O'Farrell issued a preliminary injunction in favor of the city, requiring MyCaregiver Inc. at 554 Lighthouse Ave. to shut down, said Assistant Monterey City Attorney Christine Davi.

Davi said the order would to be finalized once signed by O'Farrell, which she expected to judge would do Friday.

O'Farrell's ruling came after hearing arguments from Davi and MyCaregiver's attorney, Jim Roberts of San Jose.

The judge found that MyCaregiver opened without city approval in violation of city zoning codes.

The dispensary remained open Friday afternoon. MyCaregiver director Jhonrico Carrnshimba, sitting outside the dispensary, said he had no comment.

Roberts said his clients plan to appeal the decision and would decide whether to stay open. Filing the appeal should suspend enforcement of O'Farrell's order and allow the dispensary to stay open, he said.

City officials sued MyCaregiver for allegedly violating zoning codes after learning in November the marijuana dispensary set up shop.

In filing a business license application, city officials said, the nature of MyCaregiver Inc.'s business was not fully disclosed and listed only as "Health care Cooperative/Individual & Family Services."

Carrnshimba has said the distribution of medical pot was covered on the application under "herbal remedies."

Roberts argued MyCaregiver is a private, nonprofit cooperative that complies with state law, and a business license or permit is not needed. State voters approved medical marijuana use in 1996.

In court, Roberts argued the same rules that apply to nonprofit groups such as the Boy Scouts of America apply to his clients' cooperative.

Davi said the injunction will main in effect during a city moratorium on applications for medical marijuana dispensaries, which the City Council adopted in February and extended this month.

The City Council directed staff to draft proposed regulations for dispensaries that would allow them or ban them. The regulations could be adopted by the council before the moratorium expires, Davi said.

Pacific Grove passed a similar 10-month moratorium, but asked city staff to present in May recommendations for regulating dispensaries or banning them.

Roberts said he would file the appeal after he receives a signed copy of O'Farrell's order.


NewsHawk: Ganjarden: http://www.420magazine.com/
Source: Monterey County Herald
Author: DANIEL LOPEZ
Contact: Monterey County Herald
Copyright: 2010 Monterey County Herald
Website: Monterey pot club loses in court

[Nicademus]

It's bullshit that Judges can just ignore the law and there is no consequences. Legislation from the bench at it's finest.

[potgirl420]

I am a loyal member of Mycaregiver in Monterey, CA. This whole issue is very sad to me. There are so many medical marijuana patients in this area who have a real need for this collective. These patients are disabled and are not able to fight for their rights as others can. Mycaregiver is a collective, and a growing community that offers more than just medicinal marijuana. We are not a dispensary, and we are in no way distributing marijuana. We are not a distributer, we are a club and function as a club.

This medicinal marijuana movement is so much more than just medicinal marijuana. This movement is about human rights, our right to make our own decisions about how we medicate ourselves. People medicate themselves everyday with alcohol, and yet alcohol causes many deaths and illness and suffering in many, and yet alcohol is an accepted remedy.

I could go on and on about my beliefs about this issue. My parting words are that we all have to keep fighting so we can lift the stigma that has been put upon marijuana.

[trekie]

I can feel your disappointment in the system. I can for the life of me understand the reason why their is such a negative element to marijuana. 99% of the information is showing how safe it is for a lot of medical conditions that we suffer from. You are right about fighting back. You can still show up at every city council meeting and fight for your rights. The more people you get to show up the better the results. Just because the city closed the only co-op is not a good reason to give up. keep looking for ways to promote your feelings about the co-op closing.