Medical Marijuana Stores Lose City License

[Spliff Twister]

The City Council has revoked the business licenses of three
shops selling medical marijuana in the city, the latest move against
such establishments in the San Gabriel Valley.

Several cities in the Valley - including El Monte, Monterey Park and
Monrovia - have passed temporary moratoriums against the
establishment of medical marijuana shops, also called cannabis
dispensaries. Pasadena recently instituted a permanent ban against
such businesses.

But the Covina City Council's unanimous action Tuesday night was the
first time a Valley city has taken away a license from an existing
pot store. The Los Angeles County Board of Supervisors tried to shut
down a cannabis dispensary operating in Hacienda Heights, but a
judge later shot down the board's decision.

The three dispensaries in Covina - United Caregivers Group Inc. on
Second Avenue and So Cal Consultants and Legal Ease Inc., on Arrow
Highway - had each received licenses to operate retail businesses in
the city. Legal Ease had received its license in January and United
Caregivers and So Cal Consultants had been operating since July and
June, respectively.

But the business operators were not up front with the city when they
applied for their business licenses, said Bobbi Kemp, Covina's public
information supervisor.

"They signed under penalty of perjury that they would uphold all
local, state or federal laws," Kemp said. "The bottom line is that
they promised to do that, and they didn't."

The owners of Legal Ease and So Cal Consultants could not be reached
for comment. But Shawn Tabibian, a lawyer representing United
Caregivers, said the city should have been well aware of what his
clients were applying for when they granted the license.

"My clients were operating well within the law, and it is
unfortunate that they are coming out and revoking their license at
this point," Tabibian said. "They are providing safe access to
patients with valid recommendations from their physicians, and they
are doing this pursuant to state law."

The business license application for United Caregivers stated the
shop would be a "prescription only, herbal only" business, according
to city records. The other two dispensaries stated they would
"educate and assist" patients who qualify for medical marijuana use
under state law.

The U.S. Supreme Court ruled in July 2005 that federal authorities
can prosecute growers, sellers and those who use marijuana, even
with a doctor's recommendation.

But that decision is in direct conflict with several state laws that
allow people with certain illnesses to use marijuana for medicinal purposes.

City officials found out about the establishments in September.
Visits by Covina police revealed marijuana being sold behind glass
cases, as well as food products containing marijuana such as
brownies. Employees said all customers had to present California
identification, as well as a doctor's prescription or
recommendation, before being allowed to purchase any drugs.

The city has to ensure that Covina businesses do not operate outside
the law, Kemp said.

The council's decision means at least one of the dispensaries -
United Caregivers - will stop operating in the city immediately,
Tabibian said.

"My clients have no intention of operating without a valid business
license," said Tabibian, adding that his clients haven't decided if
they will challenge the council's decision in court. "They are
making the city of Covina an unsafe place, where patients will have
to go to other, illegal sources, to acquire their dosages."


Newshawk: Spliff Twister www.420times.com
Pubdate: Wed, 18 Oct 2006
Source: Pasadena Star-News, The (CA)
Copyright: 2006 Pasadena Star News
Contact: steve.scauzillo@sgvn.com
Author: Fred Ortega
Website: http://www.pasadenastarnews.com/