Marijuana Store Gets The Boot

[BluntKilla]

An arbiter ruled against a marijuana dispensary in Tracy, which has until Feb. 9 to close down.

San Joaquin County’s only medicinal marijuana store has been given until Feb. 9 to clear out of Tracy’s downtown.

An arbiter has ruled the sale of pot there is illegal because it is not listed in the city’s zoning rules. The club is mulling an appeal.

Arbiter Jeanne Schechter, Merced’s chief deputy city attorney, wrote in a decision signed Friday that the Valley Wellness Center Collective’s sale of marijuana in Tracy is a public nuisance because it “does not fall within any unconditionally permitted uses within the CBD Zone.”

Valley Wellness attorney James Anthony, who described the verdict as “not legally well-reasoned,” said Tuesday he expected his client to decide this week whether he would appeal the decision to Stockton Superior Court.

During a Jan. 4 appeal hearing against a Nov. 22 abatement order issued by the city, Anthony warned that he might appeal against a city attorney acting as an arbiter in the dispute.

“It strikes me as a little bit curious, and I just wonder if the courts might find that it gives just a little too much of an impression of bias,” Anthony said.

City spokesman Matt Robinson said Tuesday, “We feel like we have a solid leg to stand on” if Valley Wellness appeals.

Robinson said Valley Wellness faces fines for every day it has stayed open since late November.

Source: Tracy Press
Copyright: 2007 Tracy Press
Contact: http://tracypress.com/content/view/2903/43/
Website: http://tracypress.com

[HappyKitty]

I am really sorry to hear about this. It's a small, well-run club, and a long way to drive to another club. Another example of crapping on citizens of the community who are seriously ill.

I do not understand why these communities give the OK to let a club open, only to shut it down. Why let the club open in the first place. This probably didn't apply to the bar on the second floor. No public nuisance there.

This club is in an area that does not have a lot of traffic, and I couldnt' see any way it could be a public nuisance. It stinks.

I still say it's all about re-election.

[CherokeeJ]

Sux, don't it? The good news is that the Wellness people have started a home "consultation" service. Read that "deliveries."

CherokeeJ

[HappyKitty]

Thats good to hear! Thanks Cherokee

Welcome to the boards, friend.

Peace and happiness

[CherokeeJ]

LUV U, Happy Kitty!

Read about a dispensary in Modesto. Going to check them out today. I'll post what I find.

(For those that don't know her, Happy Kitty is a SWEETHEART! XOXOXO)

CherokeeJ

[CherokeeJ]

No dispensaries in Modesto. Old info on the web lead me to believe they were there. Seems the DEA didn't like them last November. Bastards.

CherokeeJ